1. (a) Authorization and license to use the mark may be revoked at any time if the department determines that a licensee has misused the mark.

2. (b) Misuse of the mark includes, but is not limited to:

   1. (1) Use of the mark in the advertising, marketing or other commercial use for which registration to use the mark has not been granted by the department;
   2. (2) Use of the mark in the advertising, marketing or other commercial use which is of a quality markedly inferior to that representative of similar rural community located in Texas; or

   3. (3) Use of the mark would either:

      1. (A) Impair or frustrate the department's efforts to certify, expand or encourage development of the rural communities located in Texas; or
      2. (B) Fail to enhance the integrity, and image, or mission of the program,, as determined by as determined by the department;.
   4. (4) Use of the mark in a manner violating any rule promulgated by the commissioner.
   5. (5) The department may revoke license to use the mark if a certified member or associate member fails to comply with program guidelines.
3. (c) Proceedings for the revocation of a license to use the mark shall be conducted in the manner provided for contested cases by the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Chapter 1 of this title (relating to General Procedures).
4. (d) A proceeding for revocation of a license to use the mark shall not preclude the commissioner from pursuing any other remedies, including, where applicable, the penal and injunctive remedies provided for by law.

Source Note:The provisions of this §29.30 adopted to be effective May 12, 2008, 33 TexReg 3733.