By: Kleinschmidt (Senate Sponsor - Hegar) H.B. No. 3566
(In the Senate - Received from the House May 8, 2013;
May 9, 2013, read first time and referred to Committee on
Agriculture, Rural Affairs, and Homeland Security; May 20, 2013,
reported favorably by the following vote: Yeas 3, Nays 0;
May 20, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of advertising by structural pest
control businesses.
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 regulation [regulated]
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 regulation [regulated] 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.
(c) Subsection (b)(4) does not prohibit the department from
adopting a rule regulating the use of the name of a business or
license holder in an advertisement for a structural pest control
business.
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, 2013.
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