1. (a) Membership. An annual fee for registration in the GO TEXAN program shall be paid to the department. Applicants may select from three different levels of membership. Annual fees and benefits for each level of membership are described in paragraphs (1) - (3) of this subsection. The department may, in its sole discretion, from time to time, revise or update the benefits for each level of membership. All benefits are subject to continued authorization and appropriation of the program by the Texas Legislature.

   1. (1) Tier 1 - $100. Benefits for this membership level include licensed use of the GO TEXAN certification mark in strict accordance with §17.52 of this subchapter (relating to Application for Registration to Use the GO TEXAN Certification Mark), and listing in GO TEXAN program databases.
   2. (2) Tier 2 - $500. Benefits for this membership level include all the benefits provided for Tier 1 members, plus listing in relevant GO TEXAN publications provided by the department; up to three hours of marketing or advertising consulting services by department staff; eligibility for participation in the department's GO TEXAN Partner Program; discounts on GO TEXAN program merchandise; enrollment of additional GO TEXAN restaurant locations under the same name at no additional charge.
   3. (3) Tier 3 - $1,000. Benefits for this membership level include all the benefits provided for Tier 2 members, plus increased discounts on GO TEXAN program merchandise, membership award/plaque to denote program participation and display of a company graphic on the GO TEXAN website.
   4. (4) GO TEXAN program members may also participate as sponsors in the program. Sponsorship levels begin at $5,000 and include all benefits available to Tier 3 members, set out in paragraph (3) of this subsection, plus additional benefits that may be provided for in a sponsorship agreement between the GO TEXAN program member and applicant.

2. (b) Renewal. The procedure for annual renewal of registration of persons authorized to use the GO TEXAN certification mark is as follows.

   1. (1) Thirty days before the expiration date of the registration, the department shall send each person previously registered to use the GO TEXAN certification mark a statement of the amount due as an annual registration fee.
   2. (2) All payments are due by the expiration date of the registration.
   3. (3) After receipt of the renewal and annual fee, the department will send an approved registrant a certificate of registration.
   4. (4) Failure to remit the annual registration fee by the due date shall result in the registrant being designated as inactive. Failure to remit the annual registration fee within 366 days of the due date shall result in the expiration of the registration and a new application for membership will be required for reinstatement to the program.

3. (c) Limited use restrictions.

   1. (1) Registrant shall be granted a limited, non-exclusive license to use the mark solely in conjunction with the reproduction, display, advertisement and promotion for which registrant has applied, within the United States, for the registration period.
   2. (2) Registrant will immediately cease use of the certification mark upon the expiration of the registration period, unless an application for renewal has been submitted to and approved by the department.
   3. (3) Registrant's proposed use shall be subject to review and acceptance by the Department. It is the responsibility of the registrant to ensure proper compliance with current departmental guidance regarding use of the mark which may be issued from time to time. Failure to do so shall result in the suspension and/or termination of the GO TEXAN registration.
   4. (4) Upon request, registrant shall promptly furnish the department a sample of any material bearing the mark, including but not limited to all advertising, promotional, and display materials, at no charge, for the department's written approval prior to any use thereof.
   5. (5) Registrant's authorized use shall be of high standard that promotes the goodwill and reputation of the program and the department.
   6. (6) As required by the department, registrant shall affix on all items utilized in the authorized use, appropriate legal notices, as follows: "GO TEXAN is a certification mark of, and is used with permission from the Texas Department of Agriculture" in addition to use of the registration symbol in conjunction with the certification mark.
   7. (7) Registrant's authorization to use the certification mark, shall not be construed to grant or assign any right, title or interest in or to the mark or the goodwill attached thereto.
   8. (8) Any and all use of the mark by registrant as allowed under program rules shall inure solely to the benefit of the department.
4. (d) List of Registrants. A list of registrants and available contact information may be found on the program website at gotexan.org.

Source Note:The provisions of this §17.55 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective September 19, 2001, 26 TexReg 7119; amended to be effective July 7, 2004, 29 TexReg 6256; amended to be effective July 26, 2006, 31 TexReg 5799; amended to be effective January9,2008, 33 TexReg 76; amended to be effective September 1, 2011, 36 TexReg 5353; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective September 17, 2014, 39 TexReg 7292.