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AN ACT
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relating to the regulation of advertising by structural pest |
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control businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1951.206, Occupations Code, is amended |
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to read as follows: |
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Sec. 1951.206. RULES RESTRICTING ADVERTISING OR |
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COMPETITIVE BIDDING. (a) Except as provided by Subsection (b), the |
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department may not adopt a rule restricting advertising or |
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competitive bidding by a person subject to regulation [regulated] |
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by the department under this chapter. |
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(b) The department may adopt rules restricting advertising |
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or competitive bidding to prohibit false, misleading, or deceptive |
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practices by a person subject to regulation [regulated] by the |
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department under this chapter. A rule adopted under this |
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subsection may not: |
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(1) restrict the use of any medium for advertising; |
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(2) restrict a person's personal appearance or use of a |
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person's voice in an advertisement; |
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(3) relate to the size or duration of an advertisement |
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by a person; or |
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(4) restrict a person's advertisement under a trade |
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name. |
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(c) Subsection (b)(4) does not prohibit the department from |
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adopting a rule regulating the use of the name of a business or |
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license holder in an advertisement for a structural pest control |
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business. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3566 was passed by the House on May 7, |
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2013, by the following vote: Yeas 114, Nays 15, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3566 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |