1. (a) Purpose. This section establishes the policies and procedures governing the acceptance, display, and distribution of travel literature and other promotional items by the department's travel information centers.
2. (b) Definition. For purposes of this section the term "travel literature" includes descriptive materials, pamphlets, booklets, videos, photos, icons, and promotional items.

3. (c) Policy for racks and display cases.

   1. (1) General. Travel literature accepted and displayed in a travel information center:

      1. (A) must be approved for display by the director or the director's designee;
      2. (B) must be 100% travel and tourism-oriented;
      3. (C) must be of a professional quality; and
      4. (D) may contain coupons, prizes, or contests related to travel and tourism.

   2. (2) Subject matter. Travel literature must contain subject matter relating to:

      1. (A) recreation;
      2. (B) scenic areas;
      3. (C) historic sites;
      4. (D) the arts, including museums;
      5. (E) fairs, festivals, or special events of public interest;
      6. (F) accommodations, including, but not limited to, bed and breakfasts and guest ranches;
      7. (G) restaurants;
      8. (H) shopping centers, malls, or outlet stores;
      9. (I) RV parks and campgrounds;
      10. (J) city, county, state, and national parks;
      11. (K) travel maps or public transportation information; or
      12. (L) traveler safety.
   3. (3) Size. Travel literature must meet size criteria established by the division.

4. (d) Policy specific to display cases.

   1. (1) Acceptance. An organization or individual may submit a proposal for the use of promotional graphics, photographs, icons, and other promotional items in a display case to promote Texas travel and tourism opportunities. Proposals will be accepted on a first-come, first-served basis. Displays will be rotated and a waiting list per location will be established.
   2. (2) Agreement. Prior to the department accepting materials for use in a display case, the individual or organization must enter into a written agreement with the department for a period of not less than six months.

   3. (3) Content. Display case materials shall focus on promoting tourism that stimulates travel to a metropolitan area or specific region, and shall not contain:

      1. (A) dated material; or
      2. (B) special events, promotions, or facilities that are only open to groups and not individuals.
   4. (4) Cost. Materials for display cases must be provided to the department free of charge.

   5. (5) Specifications. An individual or organization submitting materials approved for display shall provide:

      1. (A) five horizontal transparencies which are 16 inches high and 20 inches wide;
      2. (B) six horizontal transparencies which are 11 inches high and 14 inches wide; and
      3. (C) three vertical transparencies which are 11 inches wide and 14 inches high.

5. (e) Unacceptable travel literature. In addition to the requirements of subsections (c) and (d) of this section, the department will not accept travel literature that:

   1. (1) is solely for the purpose of selling a single, tangible item, including, but not limited to, a brochure selling a tape, CD, magazine, or cookbook, with the exception of Texas Highways, the state's official travel magazine;
   2. (2) is solely for the purpose of selling a membership;
   3. (3) is solely for the purpose of promoting facilities or other subjects not directly related to travel and tourism;
   4. (4) contains terminology, advertising, or pictures that are adult or sexually-oriented or are otherwise not directly related to family-oriented travel or tourism;
   5. (5) promotes or describes in-state locations, destinations, facilities, accommodations, or attractions not regularly accessible (open) to the general public year-round except for attractions or destinations that open seasonally because of weather conditions;
   6. (6) is for display on the wall, including but not limited to, a poster or banner; or

   7. (7) is for the purpose of promoting out-of-state travel and tourism activities, destinations, facilities, attractions, and services that do not augment Texas travel and tourism, unless the travel literature:

      1. (A) is regional and contains 51% or more information on Texas travel and tourism;
      2. (B) is an accommodation guide which has hotel/motel information on Texas properties along with hotel/motel information on other states; or
      3. (C) concerns the City of Texarkana, which is located in both Texas and Arkansas and shares a single chamber of commerce, and produces a combined information brochure.

6. (f) Display and distribution.

   1. (1) Display. Private sector travel literature will be:

      1. (A) displayed in a manner which the travel information center supervisor believes is the most efficient and informative for the visitor;
      2. (B) displayed in a manner which gives more exposure to destinations near the travel information center or to destinations in high demand;
      3. (C) displayed in season, if it is of a seasonal nature; and
      4. (D) rotated periodically to provide exposure for all travel interests.
   2. (2) Updating travel literature. New private sector travel literature will replace the old travel literature on display when a new date appears on the brochure or when substantial changes have been made to the item. Outdated travel literature will not be sent back to the original establishment, but will be disposed of through a recycling program or the most appropriate manner.
   3. (3) Promotional items. Promotional posters or items will not be accepted for display or distribution without the written approval of the director or the director's designee.
7. (g) Vending machines. The sale of souvenirs and other related commercial items is prohibited at the travel information centers. In accordance with Title 23, Code of Federal Regulations, Part 752, the department may permit vending machines in centers for the purposes of dispensing food, drink, and other articles that it determines appropriate and desirable. No charge to the public may be made for goods and services except for telephone and articles dispensed by such vending machines. The Texas Department of Assistive and Rehabilitative Services, Division for Blind Services has first right of refusal to operate vending machines in travel information centers.

8. (h) Non-department use of travel information centers.

   1. (1) Request. An organization or individual wanting to do an on-site promotion at a travel information center rest area must submit a request in writing. Requests will be accepted on a first-come, first-served basis.
   2. (2) Agreement. Prior to the department allowing on-site promotions, the organization or the individual must enter into a written agreement with the department agreeing to abide by the requirements of this subsection.

   3. (3) Activity.

      1. (A) Rest stop activities shall be conducted in a manner which will cause the least interference with the travel information center's operation and picnic or rest area.
      2. (B) Alcoholic beverages are prohibited.
      3. (C) All non-alcoholic refreshments and or promotional items offered at the rest stop must be free of charge to visitors.
      4. (D) All promotional items must meet requirements of subsections (c) and (e) of this section and be offered free of charge to visitors.

   4. (4) Signs.

      1. (A) The organization or individual shall prominently display a sign indicating that all drinks, refreshments, services, and items provided are free of charge.
      2. (B) Any signs associated with the refreshment rest stop, with the exception of those stated in subparagraph (A) of this paragraph, shall be limited to only those necessary to identify the organization and normal ownership signs permanently affixed to trailers, vehicles, tents, and other equipment directly associated with the operation of the rest stop.
      3. (C) Any signs to be used or installed for the refreshment rest stop, including advance signs advising motorists of the refreshment rest stop, must receive prior approval of the director or the director's designee. An approved sign may not be attached to or interfere with the travel information center's operation or highway signs.
   5. (5) Services. The department will not furnish utilities, except where explicitly designed to be provided for this purpose.
   6. (6) Cleanup. Cleanup of the facilities used for the refreshment rest stop during and immediately afterward is the responsibility of the organization.
   7. (7) Compliance. The department will monitor or check periodically for compliance with the requirements of this subsection. Noncompliance may call for immediate cancellation of refreshment rest stop activities and may be the basis for refusing future requests.

Source Note:The provisions of this §23.14 adopted to be effective May 23, 1999, 24 TexReg 3733; amended to be effective September 16, 2004, 29 TexReg 8837; amended to be effective December 6, 2007, 32 TexReg 8857.