1. (a) When it is determined by the executive director that a leased concession is necessary, desirable, and financially feasible for furnishing visitor services and accommodations in a park area, or when it is necessary to secure a new concessioner or grant a contract renewal for a leased concession, a prospectus announcing the availability of such concession shall be issued to all interested persons, detailing essential information about the concession, and the procedure to follow in submitting a proposal. The executive director or his designee shall fully publicize the availability of a concession in the immediate area of the park and on a state or national level when circumstances warrant a broader coverage.
2. (b) A concessioner will be selected with great care to insure that he has ability to operate the concession in an entirely satisfactory manner. In addition to ample financing and ability to conduct the concession in an economical manner, the concessioner should conduct his operation in accordance with the ideals and objectives of the department by adhering to business practices that emphasize public service in addition to a profit motive, and are consistent to the highest practical degree with the preservation and conservation of the area. The department may disregard any or all proposals submitted, or make any counter proposal it may consider reasonable or desirable in accordance with commission policy.
3. (c) The granting, renewal, termination, amendment, transfer, assignment, and enforcement or all concession contract requirements and provisions of such contracts is delegated to the executive director.
4. (d) The executive director may terminate a contract upon finding that a material breach of the contract has occurred.

Source Note:The provisions of this §59.103 adopted to be effective January 2, 1997, 21 TexReg 12421.