(a) Except as provided by Subsection (b), the department may not adopt a rule restricting advertising or competitive bidding by a person subject to regulation by the department under this chapter.
(b) The department may adopt rules restricting advertising or competitive bidding to prohibit false, misleading, or deceptive practices by a person subject to regulation by the department under this chapter. A rule adopted under this subsection may not:
(1) restrict the use of any medium for advertising;
(2) restrict a person's personal appearance or use of a person's voice in an advertisement;
(3) relate to the size or duration of an advertisement by a person; or
(4) restrict a person's advertisement under a trade name.
(c) Subsection (b)(4) does not prohibit the department from adopting a rule regulating the use of the name of a business or license holder in an advertisement for a structural pest control business.