Tex. Occ. Code § 351.459 · Subchapter J. PROHIBITED PRACTICES BY LICENSE HOLDER
MERCANTILE ESTABLISHMENT; PROHIBITED ACTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section applies to an optometrist or therapeutic optometrist who leases space from and practices optometry or therapeutic optometry on the premises of a mercantile establishment.
(b) An optometrist or therapeutic optometrist may not:
(1) conduct a phase of practice as a department or concession of a mercantile establishment; or
(2) display a legend or sign stating "Optical Department," "Optometrical Department," or a similar message on the premises of a mercantile establishment or in advertising.
(c) An optometrist or therapeutic optometrist may not permit the optometrist's or therapeutic optometrist's name or practice to be directly or indirectly used in connection with a mercantile establishment in any manner, including in advertising, displays, or signs.
(d) The credit account of a patient of an optometrist or therapeutic optometrist must be with the optometrist or therapeutic optometrist and not with the credit department of the mercantile establishment. This subsection does not prevent the optometrist or therapeutic optometrist from subsequently selling, transferring, or assigning that account.
(e) Section 351.363(a) applies to this section.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.351.htm
- Text hash
- sha256 c6c65f0c71fd889e84c90e00647aecaa20238e636f1e0632b46e5c9d6a0ead9a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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