1. (a) Unacceptable subjects. The following are unacceptable for an advertisement in department travel information:

   1. (1) an out-of-state travel-tourism location, destination, facility, or service, unless it borders and has ties with Texas or augments Texas travel or tourism;
   2. (2) an alcoholic beverage, except as provided by subsection (c) of this section;
   3. (3) a tobacco product;
   4. (4) a sexually-oriented product or service; and
   5. (5) any subject that is not related to travel and tourism, as determined by the department.

2. (b) Other restrictions. The department will not accept an advertisement that:

   1. (1) it considers to be misleading or a misrepresentation of facts; or
   2. (2) discriminates against a state or federally protected class of persons.
3. (c) Exception. This section does not prohibit the advertisement of a product, or a facility open to the general public, that highlights a registered Texas Department of Agriculture's GO TEXAN product that is grown, produced, or manufactured in Texas.

Source Note:The provisions of this §23.16 adopted to be effective January 7, 2015, 40 TexReg 95.