Texas Codes

Tex. Occ. Code § 402.451 (2026)

Prohibited Acts

✓ current as of May 2026

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Sec. 402.451. PROHIBITED ACTS.

(a) A person may not:

(1) buy, sell, or fraudulently obtain a license or aid another person to do so;

(2) alter a license with the intent to defraud;

(3) wilfully make a false statement in an application to the department for a license, a temporary training permit, or the renewal of a license;

(4) falsely impersonate a license holder; or

(5) engage in the fitting and dispensing of hearing instruments when the person's license is suspended or revoked.

(b) A license or permit holder may not:

(1) solicit a potential customer by telephone unless the license or permit holder clearly discloses the holder's name and business address and the purpose of the communication;

(2) use or purchase for use a list of names of potential customers compiled by telephone by a person other than the license or permit holder, the license or permit holder's authorized agent, or another license or permit holder; or

(3) perform any act that requires a license from the Texas Optometry Board or the Texas Medical Board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.060, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.123, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 3.008, eff. September 1, 2017.

Notes of Decisions

Cited in 2 cases, 2014–2020 · leading case: Robert Daniel Taylor v. Leanne Polhill, 964 F.3d 975 (11th Cir. 2020).

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Robert Daniel Taylor v. Leanne Polhill, 964 F.3d 975 (11th Cir. 2020). “001(6) (defining “license” as “a license issued by the department 14 Case: 18-14934 Date Filed: 07/01/2020 Page: 15 of 19 under this chapter to a person authorized to fit and dispense hearing instruments”).”

METX, LLC v. Wal-Mart Stores Texas, LLC, 62 F. Supp. 3d 569 (E.D. Tex. 2014). “Because it is different from and in addition to the federal requirements and relates to the safety and effectiveness of hearing aids, the Texas Hearing Aid Statute’s “fitting and dispensing” and licensure requirements are expressly preempted.”

— Tex. Occ. Code § 402.451(a)(4) — 1 case

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