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 (S.B. 1969), 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 437.001, 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 (S.B. 1969), Sec. 4.014(a), eff. September 1, 2009.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.01, eff. September 1, 2013.

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 (S.B. 1969), Sec. 4.014(a), eff. September 1, 2009.