| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R16099 SCR-D | |
| 2 | 2 | By: Bell of Montgomery H.B. No. 4756 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to certain advertisements for prescription drugs. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Subtitle A, Title 16, Business & Commerce Code, | |
| 12 | 12 | is amended by adding Chapter 722 to read as follows: | |
| 13 | 13 | CHAPTER 722. CERTAIN ADVERTISEMENTS FOR PRESCRIPTION DRUGS | |
| 14 | 14 | Sec. 722.001. DEFINITION. In this chapter, "paid | |
| 15 | 15 | advertisement" means a communication that promotes a good or | |
| 16 | 16 | service and is disseminated in exchange for consideration. | |
| 17 | 17 | Sec. 722.002. PROHIBITED ADVERTISEMENT OF CERTAIN | |
| 18 | 18 | PRESCRIPTION DRUGS. (a) A person may not disseminate a paid | |
| 19 | 19 | advertisement for a prescription drug. | |
| 20 | 20 | (b) Subsection (a) does not apply to a paid advertisement | |
| 21 | 21 | disseminated: | |
| 22 | 22 | (1) only to medical, dental, or nursing professionals | |
| 23 | 23 | in a professional scientific periodical; or | |
| 24 | 24 | (2) only for public health education by a person who is | |
| 25 | 25 | not directly or indirectly commercially interested in the sale of | |
| 26 | 26 | the drug. | |
| 27 | 27 | Sec. 722.003. DECEPTIVE TRADE PRACTICE. A violation of | |
| 28 | 28 | Section 722.002 is a deceptive trade practice in addition to the | |
| 29 | 29 | practices described by Subchapter E, Chapter 17, and is actionable | |
| 30 | 30 | under that subchapter. | |
| 31 | 31 | SECTION 2. This Act takes effect September 1, 2025. |