(a) A licensee's advertisements must include:
- (1) The company name and address as it appears in the records of the department unless the address is the license holder's residential address; and
- (2) The company's license number.
- (b) No licensee shall use the Texas state seal, the name or insignia of the department, or the name or insignia of a division within the department to advertise or publicize a commercial undertaking, or otherwise violate Texas Business & Commerce Code, §17.08 or Texas Government Code, §411.017. The department's name may be used for the limited purpose of indicating the person or company is regulated by the department.
- (c) The use of the department's name is prohibited when it may give a reasonable person the impression that the department issued the statement or that the individual is acting on behalf of the department.
- (d) For purposes of this section, an advertisement includes any media created or used for the purpose of promoting the regulated business of the licensee, including business cards.
Source Note:The provisions of this §35.9 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 11, 2024, 49 TexReg 7052.