- (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a license, permit, certificate, or approval issued under this chapter except to prohibit false, misleading, or deceptive practices.
(b) In the commissioner's rules to prohibit false, misleading, or deceptive practices, the commissioner may not include a rule that:
- (1) restricts the use of any medium for advertising;
- (2) restricts the use of a license, permit, certificate, or approval holder's personal appearance or voice in an advertisement;
- (3) relates to the size or duration of an advertisement by the license, permit, certificate, or approval holder; or
- (4) restricts the license, permit, certificate, or approval holder's advertisement under a trade name.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.