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