Sec. 1101.156. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 19, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 974 (S.B. 2212), Sec. 2, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1101 - Real Estate Brokers and Sales Agents
Subchapter D. Commission Powers and Duties
Section 1101.151. General Powers and Duties of Commission
Section 1101.154. Additional Fee: Texas Real Estate Research Center
Section 1101.155. Rules Relating to Contract Forms
Section 1101.156. Rules Restricting Advertising or Competitive Bidding
Section 1101.157. Subpoena Authority
Section 1101.158. Advisory Committees
Section 1101.159. Use of Technology
Section 1101.160. Negotiated Rulemaking and Alternative Dispute Resolution Procedures