Texas Occupations Code 1051.203 – Rules Restricting Advertising or Competitive Bidding
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(a) The board may not adopt rules restricting advertising or competitive bidding by a certificate holder except to prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the use of a certificate holder’s personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the certificate holder; or
(4) restricts the certificate holder’s advertisement under a trade name.
Terms Used In Texas Occupations Code 1051.203
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The board shall adopt rules to prevent a person regulated by the board from submitting a competitive bid to, or soliciting a competitive bid on behalf of, a governmental entity that is prohibited by Subchapter A, Chapter 2254, Government Code, from making a selection or awarding a contract on the basis of competitive bids.