The commission may make rules for this chapter, but it must create standardized forms and cannot use rules to broadly limit license holders’ advertising or competitive bidding.
Sec. 391.065. RULES; FORMS. (a) The commission may adopt rules to implement this subchapter and Subchapters A and B. (b) For the efficient management and administration of this chapter and to reduce the number of employees required to enforce this chapter, the commission shall adopt rules for issuing standardized forms that are for submission by license holders and applicants and that provide for an accurate showing of the number, location, or other information required by the commission for each license holder's or applicant's commercial signs under this chapter or off-premise signs under Chapter 394. (c) The commission may not adopt a rule under this chapter that restricts competitive bidding or advertising by the holder of a license issued under this chapter other than a rule to prohibit false, misleading, or deceptive practices. The limitation provided by this section applies only to rules relating to the occupation of erecting or maintaining commercial signs and does not affect the commission's power to regulate the orderly and effective display of commercial signs under this chapter. A rule to prohibit false, misleading, or deceptive practices may not: (1) restrict the use of: (A) any legal medium for an advertisement; (B) the license holder's advertisement under a trade name; or (C) the license holder's personal appearance or voice in an advertisement, if the license holder is an individual; or (2) relate to the size or duration of an advertisement by the license holder. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 2.01, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 43, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 17, eff. June 15, 2017.