(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.