(a) The commission may not adopt a rule restricting advertising or competitive bidding by a person regulated by the commission except to prohibit a false, misleading, or deceptive practice by the person.
(b) The commission may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person’s personal appearance or use of the person’s voice in an advertisement;
(3) relates to the size or duration of an advertisement used by the person;
(4) restricts the person’s advertisement under an assumed or trade name that is authorized by a law of this state and registered with the commission; or
(5) requires the term “broker,” “agent,” or a similar designation or term, a reference to the commission, or the person’s license number to be included in the person’s advertisement.