Limitations On Rulemaking Authority

Sec. 116.016. LIMITATIONS ON RULEMAKING AUTHORITY. (a) The commission may not adopt rules restricting advertising or competitive bidding by a licensee or registrant except to prohibit false, misleading, or deceptive practices. (b) In its rules to prohibit false, misleading, or deceptive practices, the commission may not include a rule that: (1) restricts the use of any medium for advertising; (2) restricts the use of a licensee or registrant's personal appearance or voice in an advertisement; (3) relates to the size or duration of an advertisement by the licensee or registrant; or (4) restricts the licensee or registrant's advertisement under a trade name. Added by Acts 2001, 77th Leg., ch. 1233, Sec. 54, eff. Sept. 1, 2001. SUBCHAPTER C. LICENSING AND REGISTRATION