CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS - Texas Statutes

BUSINESS AND COMMERCE CODE

TITLE 16. ADVERTISING AND MARKETING

SUBTITLE A. ADVERTISEMENTS

CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS

Sec. 721.001. DEFINITIONS. In this chapter:

(1) "Heir" means a surviving grandparent, parent, sibling,

child, or grandchild of a deceased individual.

(2) "Personal representative" means an executor, independent

executor, administrator, independent administrator, or temporary

administrator, together with their successors.

Added by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 4.014(a), eff. September 1, 2009.

Sec. 721.002. CERTAIN USES OF NAME OR PICTURE OF MEMBER OF ARMED

FORCES PROHIBITED. (a) A person commits an offense if the

person uses, in an advertisement for a commercial purpose, the

name of an individual who is an active duty or former member of

the United States armed forces, who is a member or former member

of a reserve component of the United States armed forces, or who

is a member or former member of the state military forces, as

defined by Section 431.001, Government Code, or a picture of the

individual in uniform in which the individual is clearly

identifiable, without obtaining the consent of:

(1) the individual, if the individual is living; or

(2) the individual's surviving spouse or personal representative

or a majority of the individual's adult heirs, if the individual

is deceased.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 4.014(a), eff. September 1, 2009.

Sec. 721.003. INAPPLICABILITY OF CHAPTER TO MEDIA REPORT. This

chapter does not apply to a member of the print or broadcast

media who uses a name or picture of an individual in a report of

news to the public or an advertisement for that report.

Added by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 4.014(a), eff. September 1, 2009.