43 TAC §23.14
STATUTORY AUTHORITY
The new section is proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to promulgate
rules for the conduct of the work of the Texas Department of Transportation,
and Texas Civil Statutes, Article 6144e, which provides the Texas Department
of Transportation with the authority to operate Texas Travel Information Centers.
No statutes, articles, or codes are affected by the proposed new section.
§23.14.Display of Travel Literature in the Texas Travel Information Centers.
(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.
(b)
Definition. For purposes of this section the term "travel
literature" includes descriptive materials, pamphlets, booklets, videos, photos,
icons, and promotional items.
(c)
Policy for racks and display cases.
(1)
General. Travel literature accepted and displayed in a
travel information center:
(A)
must be approved for display by the director or the director's
designee;
(B)
must be 100% travel and tourism-oriented;
(C)
must be of a professional quality; and
(D)
may contain coupons, prizes, or contests related to travel
and tourism.
(2)
Subject matter. Travel literature must contain
subject matter relating to:
(A)
recreation;
(B)
scenic areas;
(C)
historic sites;
(D)
the arts, including museums;
(E)
fairs, festivals, or special events of public interest;
(F)
accommodations, including, but not limited to, bed and
breakfasts and guest ranches;
(G)
restaurants;
(H)
shopping centers, malls, or outlet stores;
(I)
RV parks and campgrounds;
(J)
city, county, state, and national parks; or
(K)
travel maps or public transportation information.
(3)
Size. Travel literature must meet size criteria
established by the division.
(d)
Policy specific to display cases.
(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)
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)
Content. Display case materials shall focus on promoting
tourism that stimulates travel to a specific region or metropolitan area,
and shall not contain:
(A)
dated material; or
(B)
special events, promotions, or facilities that are only
open to groups and not individuals.
(4)
Cost. Materials for display cases must be provided
to the department free of charge.
(5)
Specifications. An individual or organization submitting
materials approved for display shall provide:
(A)
five horizontal transparencies which are 16 inches high
and 20 inches wide;
(B)
six horizontal transparencies which are 11 inches high
and 14 inches wide; and
(C)
three vertical transparencies which are 11 inches wide
and 14 inches high.
(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)
is solely for the purpose of selling a single, tangible
item;
(2)
is solely for the purpose of promoting facilities
or other subjects not directly related to travel and tourism;
(3)
contains terminology, advertising, or pictures that
are adult or sexually-oriented or are otherwise not directly related to family-oriented
travel or tourism;
(4)
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; or
(5)
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:
(A)
is regional and contains 51% or more information on Texas
travel and tourism;
(B)
is an accommodation guide which has hotel/motel information
on Texas properties along with hotel/motel information on other states; or
(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.
(f)
Display and distribution.
(1)
Display. Private sector travel literature will be:
(A)
displayed in a manner which the travel information center
manager believes is the most efficient and informative for the visitor;
(B)
displayed in a manner which gives more exposure to destinations
near the travel information center or to destinations in high demand;
(C)
displayed in season, if it is of a seasonal nature; and
(D)
rotated periodically to provide exposure for all travel
interests.
(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)
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.
(g)
Vending machines. The sale of souvenirs and other related
commercial items is prohibited at the travel information centers. In accordance
with Title 23, United States Code, 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 Commission for the Blind has first right
of refusal to operate vending machines in travel information centers.
(h)
Non-department use of travel information centers.
(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)
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)
Activity.
(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.
(B)
Alcoholic beverages are prohibited.
(C)
All non-alcoholic refreshments and or promotional items
offered at the rest stop must be free of charge to visitors.
(4)
Signs.
(A)
The organization or individual shall prominently display
a sign indicating that all drinks, refreshments, services, and items provided
are free of charge.
(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.
(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)
Services. The department will not furnish utilities,
except where explicitly designed to be provided for this purpose.
(6)
Cleanup. Cleanup of the facilities used for the refreshment
rest stop during and immediately afterward is the responsibility of the organization.
(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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on February
1, 1999.
TRD-9900657
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 21, 1999
For further information, please call: (512) 463-8630