| 1 | 1 | | 82R11709 T |
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| 2 | 2 | | By: Kleinschmidt H.B. No. 2741 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to rules requiring license name in advertising of a |
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| 8 | 8 | | structural pest control business. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1951.206, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1951.206. RULES RESTRICTING ADVERTISING OR |
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| 13 | 13 | | COMPETITIVE BIDDING. (a) Except as provided by Subsection (b), the |
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| 14 | 14 | | department may not adopt a rule restricting advertising or |
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| 15 | 15 | | competitive bidding by a person subject to regulationed by the |
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| 16 | 16 | | department under this chapter. |
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| 17 | 17 | | (b) The department may adopt rules restricting advertising |
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| 18 | 18 | | or competitive bidding to prohibit false, misleading, or deceptive |
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| 19 | 19 | | practices by a person subject to regulationed by the department |
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| 20 | 20 | | under this chapter. A rule adopted under this subsection may not: |
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| 21 | 21 | | (1) restrict the use of any medium for advertising; |
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| 22 | 22 | | (2) restrict a person's personal appearance or use of a |
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| 23 | 23 | | person's voice in an advertisement; |
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| 24 | 24 | | (3) relate to the size or duration of an advertisement |
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| 25 | 25 | | by a person; or |
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| 26 | 26 | | (4) restrict a person's advertisement under a trade |
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| 27 | 27 | | name except that the department may adopt a rule requiring the |
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| 28 | 28 | | license name of the pest control business on all advertising. |
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| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2011. |
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