Tex. Occupations Code § 259.006
This is the official text of Tex. Occupations Code § 259.006, part of Texas’s Occupations Code — governs professional and occupational licensing.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 259.006. UNLAWFUL ADVERTISING IN GENERAL.
Official statutory text
(a) A person may not engage in false, misleading, or deceptive advertising in connection with the practice of dentistry.
(b) A person regulated by the board may not engage in advertising that does not comply with the reasonable restrictions adopted by the board under Section 259.005.
(c) For the first violation of the board's advertising restrictions, a person may not be prosecuted under this subtitle before the 31st day after the date the person has been given notice by certified or registered mail, return receipt requested, of the alleged violation. The notice must:
(1) include a copy of the applicable portions of this subtitle and all board rules relating to advertising;
(2) describe the alleged unlawful advertising;
(3) identify the board restriction violated; and
(4) include a statement informing the person that the person has 30 days from the date of the notice to cure the violation.
(d) A person may be prosecuted if the violation is not cured within the prescribed time.
(e) Subsection (c) does not apply to a subsequent violation of the board's advertising restrictions.
(f) This section does not authorize the board to discipline a dentist for an act of an advertising agent that results in a communication to the public that violates the restrictions adopted by the board under Section 259.005 if the advertisement does not specify the name of the dentist or the name under which the dentist practices unless:
(1) the advertising agent is owned or controlled by the dentist;
(2) the dentist provided to the advertising agent for distribution to the public any information that does not comply with the board's restrictions; or
(3) the content of the advertising is determined by the dentist.
(g) The board may bring an action in district court to enjoin an advertising agent from using any advertisement, marketing scheme, or practice that violates the restrictions adopted by the board under Section 259.005. Notwithstanding any other provision of this subtitle, an injunction under this section is the board's sole remedy against an advertising or marketing agent for a violation of this section.
(h) The remedies provided in this section are in addition to the procedures and remedies provided for in Subchapter E, Chapter 17, Business & Commerce Code.
(b) A person regulated by the board may not engage in advertising that does not comply with the reasonable restrictions adopted by the board under Section 259.005.
(c) For the first violation of the board's advertising restrictions, a person may not be prosecuted under this subtitle before the 31st day after the date the person has been given notice by certified or registered mail, return receipt requested, of the alleged violation. The notice must:
(1) include a copy of the applicable portions of this subtitle and all board rules relating to advertising;
(2) describe the alleged unlawful advertising;
(3) identify the board restriction violated; and
(4) include a statement informing the person that the person has 30 days from the date of the notice to cure the violation.
(d) A person may be prosecuted if the violation is not cured within the prescribed time.
(e) Subsection (c) does not apply to a subsequent violation of the board's advertising restrictions.
(f) This section does not authorize the board to discipline a dentist for an act of an advertising agent that results in a communication to the public that violates the restrictions adopted by the board under Section 259.005 if the advertisement does not specify the name of the dentist or the name under which the dentist practices unless:
(1) the advertising agent is owned or controlled by the dentist;
(2) the dentist provided to the advertising agent for distribution to the public any information that does not comply with the board's restrictions; or
(3) the content of the advertising is determined by the dentist.
(g) The board may bring an action in district court to enjoin an advertising agent from using any advertisement, marketing scheme, or practice that violates the restrictions adopted by the board under Section 259.005. Notwithstanding any other provision of this subtitle, an injunction under this section is the board's sole remedy against an advertising or marketing agent for a violation of this section.
(h) The remedies provided in this section are in addition to the procedures and remedies provided for in Subchapter E, Chapter 17, Business & Commerce Code.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.