| 1 | 1 | | By: Kleinschmidt (Senate Sponsor - Hegar) H.B. No. 3566 |
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| 2 | 2 | | (In the Senate - Received from the House May 8, 2013; |
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| 3 | 3 | | May 9, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Agriculture, Rural Affairs, and Homeland Security; May 20, 2013, |
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| 5 | 5 | | reported favorably by the following vote: Yeas 3, Nays 0; |
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| 6 | 6 | | May 20, 2013, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the regulation of advertising by structural pest |
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| 12 | 12 | | control businesses. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 1951.206, Occupations Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | Sec. 1951.206. RULES RESTRICTING ADVERTISING OR |
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| 17 | 17 | | COMPETITIVE BIDDING. (a) Except as provided by Subsection (b), the |
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| 18 | 18 | | department may not adopt a rule restricting advertising or |
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| 19 | 19 | | competitive bidding by a person subject to regulation [regulated] |
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| 20 | 20 | | by the department under this chapter. |
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| 21 | 21 | | (b) The department may adopt rules restricting advertising |
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| 22 | 22 | | or competitive bidding to prohibit false, misleading, or deceptive |
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| 23 | 23 | | practices by a person subject to regulation [regulated] by the |
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| 24 | 24 | | department under this chapter. A rule adopted under this |
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| 25 | 25 | | subsection may not: |
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| 26 | 26 | | (1) restrict the use of any medium for advertising; |
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| 27 | 27 | | (2) restrict a person's personal appearance or use of a |
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| 28 | 28 | | person's voice in an advertisement; |
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| 29 | 29 | | (3) relate to the size or duration of an advertisement |
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| 30 | 30 | | by a person; or |
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| 31 | 31 | | (4) restrict a person's advertisement under a trade |
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| 32 | 32 | | name. |
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| 33 | 33 | | (c) Subsection (b)(4) does not prohibit the department from |
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| 34 | 34 | | adopting a rule regulating the use of the name of a business or |
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| 35 | 35 | | license holder in an advertisement for a structural pest control |
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| 36 | 36 | | business. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2013. |
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| 42 | 42 | | * * * * * |
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