CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS
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.