1. (a) Except as specifically authorized under this chapter, no person may depict, display, or use, in any manner, the GO TEXAN certification mark without obtaining prior written permission from the department. A person may seek such permission by filing an application for use of the GO TEXAN certification mark with the department. All information submitted with a request for license becomes the property of the department.
2. (b) A request for a license under this section must be accompanied by a $35 non-refundable application fee.
3. (c) Upon approval of a request, and payment of a $250 licensing fee, a license will be issued to the applicant. Failure to pay the licensing fee within 30 days of approval shall result in denial of the license and cancellation of the approved request.
4. (d) A licensee under this section shall pay a royalty fee of 3.0 percent of annual gross receipts from the sale of licensed products in excess of $5,000.

5. (e) A license under this section is not required for the depiction, display, or use of the GO TEXAN certification mark under the following circumstances:

   1. (1) use of the GO TEXAN certification mark for an historical, educational, or other purpose that benefits the public if authorized in writing by the department prior to such use; or
   2. (2) use authorized by §§17.52(b), 17.55(c)(1), 17.57(c)(2), 17.59(a), 17.60(b)(2), and 17.61(c) of this title (relating to use of the GO TEXAN certification mark).

Source Note:The provisions of this §17.63 adopted to be effective January 10, 2013, 38 TexReg 241.