The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Commissioner--The Commissioner of the Texas Department of Agriculture.
2. (2) Department--The Texas Department of Agriculture.
3. (3) Non-metropolitan county--A Texas county that is not located in a metropolitan statistical area, as identified by the U.S. Census.
4. (4) Person--An individual, firm, partnership, corporation, governmental entity, cooperative organization, or association of individuals.
5. (5) "Texas Yes!" associate member--A person that wishes to support rural communities and businesses and who is granted limited "Texas Yes!" membership.

6. (6) "Texas Yes!" business member--A sole proprietor, partnership, cooperative organization or corporation, whose principal place of business is in Texas and who has a business location in:

   1. (A) a non-metropolitan county;
   2. (B) an unincorporated area; or
   3. (C) a Texas city with a population of less than 20,000 that does not adjoin another city or group of cities with an aggregate population of 50,000 or more; and
   4. (D) who is granted limited "Texas Yes!" membership.

7. (7) "Texas Yes!" community member--Any community that is:

   1. (A) either a non-metropolitan county, or a Texas city with a population of less than 20,000 that does not adjoin another city or group of cities with an aggregate population of 50,000 or more;
   2. (B) wishes to support rural businesses and communities; and
   3. (C) is granted full "Texas Yes!" membership.
8. (8) "Texas Yes!" licensing agreement--An agreement between the department and a person authorizing the use, employment, adoption, or utilization of the "Texas Yes!" mark.
9. (9) "Texas Yes!" mark or Mark--The words "Texas Yes!" when used in association with the promotion of rural development in the State of Texas. The Mark is pending final registration approval with the United States Patent and Trademark Office. "Texas Yes!" is a service trademark of the Texas Department of Agriculture.

Source Note:The provisions of this §29.21 adopted to be effective September 10, 2003, 28 TexReg 7677; amended to be effective May 21, 2006, 31 TexReg 3867.