Part 5.
TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter 195.
MEMORANDA OF UNDERSTANDING
10 TAC §§195.1-195.10
The Texas Department of Economic Development (department)
adopts the repeal of §§195.1-195.10, in its entirety, concerning
the Memoranda of Understanding with the Texas Department of Agriculture and
the Texas Agricultural Finance Authority, the Texas Workforce Commission,
the Texas General Land Office, the Texas Department of Housing and Community
Affairs, the Comptroller of Public Accounts, the Texas Department of Transportation
and the Texas Parks and Wildlife Department, the Texas Natural Resource Conservation
Commission, the Texas Historical Commission, the General Services Commission,
and the Texas Alternative Fuels Council. The repeal is being adopted without
changes to the proposed text as published in the December 22, 2000, issue
of the
Texas Register
(25 TexReg 12557).
The repeal is necessary to accurately reflect current law and to allow
for the adoption of the new Memoranda of Understanding.
The department received no comments regarding the proposed repeal.
The repeal of §§195.1-195.10 is adopted under the authority
of Texas Government Code, §481-0044(a) which gives the department the
authority to adopt rules to carry out its responsibilities; Texas Government
Code, §481.028(d) which directs that the Memoranda of Understanding be
adopted as rules of the agencies; and Texas Government Code, Chapter 2001,
Subchapter B which prescribes the standards for rulemaking by state agencies.
Section 481.028 is affected by the adopted repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 23, 2001.
TRD-200101123
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Effective date: March 15, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 936-0177
10 TAC §§195.1-195.12
The Texas Department of Economic Development (department)
adopts new Chapter 195, §§195.1-195.12, concerning Memoranda of
Understanding with the Department of Agriculture, the Texas Workforce Commission,
the Texas General Land Office, the Texas Department of Housing and Community
Affairs, the Comptroller of Public Accounts, the Texas Department of Transportation
and the Texas Parks and Wildlife Department, the Texas cd usrsion, the Texas
Commission on the Arts, the General Services Commission, the Texas Alternative
Fuels Council, the Texas Agricultural Finance Authority, and the Health and
Human Services Commission. Section 195.6 is adopted with changes to the proposed
text as published in the December 29, 2000, issue of the
Texas Register
(25 TexReg 12878). Sections 195.1-195.5 and §§195.7-195.12
are adopted without changes and will not be republished.
Texas Government Code, Chapter 481.028, requires that the department enter
into a memoranda of understanding with other state agencies involved in economic
development to cooperate in planning and budgeting. Texas Government Code,
Chapter 481.028, further directs that the memoranda of understanding be adopted
as rules of the agencies. Article 7 of House Bill 2641, 76th Legislature provided
that the commissioner of health and human services and the governing board
of the department enter into a memorandum of understanding as necessary to
implement the transfer of the administration of the Empowerment Zone and Enterprise
Community grant program to the department.
Two comment letters were received on the proposal. The first, from the
Texas Municipal League, supports the proposed memoranda of understanding between
the department and various state agencies, and believes that its economic
development and tourism goals will greatly benefit local governments. The
second, from the Texas Department of Transportation, found §195.6 of
the memoranda of understanding contained minor typographical errors as it
was proposed, however, there are no substantive changes: in subsection (c)(1)(C)
on page 12881, there should not be a question mark after the word agencies
on the fourth line of the paragraph; it should read agencies'; in subsection
(d) on page 12883, the reference to Section V has been changed from the original
version of the memoranda of understanding to subsection (e) Termination in
the proposal. It should read subsection (e) of this section.
The new sections are adopted under the authority of the Texas
Government Code, Chapter 481.0044(a) which requires the Department adopt rules
to carry out its responsibilities; Texas Government Code, Chapter 481.028(d)
which directs that the Memoranda of Understanding be adopted as rules of the
agencies; and Texas Government Code, Chapter 2001, Subchapter B which prescribes
the standards for rulemaking by state agencies.
Section 481.028 is affected by the adopted rules.
§195.6.Memorandum of Understanding with the Texas Department of Transportation, the Texas Parks & Wildlife Department, the Texas Commission on the Arts, and the Texas Historical Commission.
(a)
Parties. Pursuant to §§481.028(b)(5), 481.172(8),
and 444.030(b)(3) of the Texas Government Code and House Bill No. 1, General
Appropriations Act, 76th Legislature, Regular Session, this memorandum of
understanding is made and entered into by and between the Texas Department
of Economic Development (TDED), the Texas Department of Transportation (TxDOT),
Texas Parks and Wildlife Department (TPW), the Texas Commission on the Arts
(TCA), and the Texas Historical Commission (THC) to formalize their agreement
to cooperate and coordinate efforts in marketing and promoting Texas as a
premier travel destination and to provide services to travelers.
(b)
Recitals.
(1)
Whereas, the Texas Department of Economic Development,
the Texas Department of Transportation, Texas Parks and Wildlife Department,
Texas Commission on the Arts, and the Texas Historical Commission, collectively
the State Agency Partners, are among the state agencies charged with promoting
Texas tourism destinations as well as travel and tourism in Texas; and
(2)
Whereas, §481.022(5) of the Texas Government Code
requires TDED to promote the state as a premier tourist destination and §481.172
of the Texas Government Code sets forth the responsibilities of TDED in promoting
Texas as a tourist destination. §481.028(b)(5) and §481.172(8) of
the Texas Government Code direct that TDED, TxDOT, TPW, THC and TCA cooperate
in all matters relating to each agency's efforts to promote tourism; and
(3)
Whereas, Article 6144(e), Texas Civil Statutes (1995) authorizes
TxDOT to publish such pamphlets, bulletins, maps and documents as it deems
necessary to serve the motoring public and road users, and Article 6144(e)
requires TxDOT to maintain and operate Travel Information Bureaus at the principal
gateways to Texas to provide road information, travel guidance and various
descriptive materials designed to aid and assist the traveling public and
to stimulate travel to and within Texas; and
(4)
Whereas, Texas Parks and Wildlife Code, §12.006 and §13.017,
authorizes TPW to provide certain information to the public relating to outdoor
recreation, state parks, wildlife management areas, and wildlife conservation;
and Texas Parks and Wildlife Code, §§13.002, 13.101, 13.102, 81.401
and 81.405, authorizes TPW to acquire land, manage natural and cultural resources,
and operate state parks and state wildlife management areas for public outdoor
recreation; and
(5)
Whereas, §444.021(a)(1), (2), and (5) of the Texas
Government Code, directs the TCA to foster the development of a receptive
climate for the arts that will culturally enrich and benefit state citizens
in their daily lives, to make visits and vacations to the state more appealing
to the world, and to provide advice to the General Services Commission, THC,
Texas State Library, TDED, TxDOT, and other state agencies to provide a concentrated
state effort in encouraging and developing an appreciation for the arts in
the state; and
(6)
Whereas, §442.005 of the Texas Government Code sets
forth the duties and responsibilities of THC and authorizes THC to promote
the appreciation of historic sites, structures, or objects in the state through
a program designed to develop tourism and to promote heritage tourism by assisting
persons, including local governments, organizations, and individuals, in the
preservation, enhancement, and promotion of heritage and cultural attractions
in this state;
(7)
Now, therefore, the parties agree to cooperate in developing
and promoting Texas as a premier travel destination in the following subject
areas. The subject areas and each agency's responsibilities are as follows:
(c)
Undertakings by Each Party.
(1)
Communications.
(A)
Each of the five agencies will identify internal representatives
from the cross-functional areas to regularly communicate status reports to
all cooperating agencies. Agency cross-functional areas will outline project
goals and timelines. Status report meetings will include reviews of goals
and timelines.
(B)
Primary agency representatives to be designated by Executive
Directors will meet as often as necessary, but no less than twice annually,
to coordinate efforts related to tourism marketing and promotion. Other committees
or task forces will be assigned as the need arises.
(C)
Executive Directors of the participating five state agencies
will be briefed at least once a year during a joint meeting. During each fiscal
year, periodic status report meetings will include cooperating agencies'.
Executive Directors, as needed. All cross-functional goals, timelines and
project status reports will be reviewed by the primary agency representatives.
(D)
The participating agencies will produce a unified, annual
tourism marketing overview that describes the combined tourism marketing efforts
of each agency. This overview will be presented to the Executive Directors
of each of the participating five state agencies during their joint annual
meeting.
(E)
The five participating state agencies acknowledge that
other state agencies have a role in tourism and may be affected by the tourism
marketing efforts of the five primary agencies. To that end, the five primary
agencies agree that, when appropriate, other state agencies comprising the
State Agency Tourism Council will be included in the planning, communications,
meetings and other coordination efforts conducted under this agreement. These
agencies will also be provided copies of status reports and the annual tourism
marketing overview. These other agencies include, but are not limited to:
Texas A&M University; Office of Music, Film, Television and Multimedia;
Texas General Land Office; Texas Department of Agriculture; Texas Department
of Public Safety; and the Texas State Preservation Board.
(2)
Marketing.
(A)
Each agency will pay for its own marketing and promotional
activities.
(B)
All five agencies recognize that the overall goal of the
state's tourism marketing effort is to generate travel to and within Texas.
While some agencies may have a responsibility to conduct broad-based tourism
marketing, others may have a responsibility to focus more heavily on a particular
segment of tourism, such as nature tourism, heritage tourism or cultural tourism.
All five agencies recognize the importance of achieving a coordinated, statewide
marketing effort that includes all the tourism activities the State of Texas
offers. To that end, appropriate staff members of each agency will meet at
least twice a year to coordinate and review each agency's annual tourism marketing
plans, including identifying cooperative and/or cost sharing opportunities
related to, at a minimum:
(i)
Advertising
(ii)
Consumer/Trade Shows
(iii)
Workshops/Training
(iv)
Public Relations
(v)
Familiarization (FAM) Tours
(vi)
Standard Fulfillment Packet design and contents review
to ensure the pieces meet the needs of the intended audiences
(vii)
Use of Technology
(viii)
Publications
(ix)
Research
(x)
Education and Training
(xi)
Resource Sharing
(C)
To provide a consistent and unified state tourism marketing
effort, each agency will ensure that its tourism marketing and promotional
activities, including appropriate materials, adhere to:
(i)
Use of the trademarked "Texas. It's Like A Whole Other
Country" slogan and the Texas "Patch," and when appropriate, the "1-800-8888-TEX"
phone number and the www.TravelTex.com website.
(ii)
The seven tourism marketing regions known as the Panhandle
Plains, Prairies and Lakes, Piney Woods, Gulf Coast, South Texas Plains, Hill
Country and Big Bend Country.
(iii)
Each agency's website shall provide consumers with links
to the other four agencies' websites.
(D)
The members recognize that promotion of state-operated
sites including state parks and historic sites is important. State agency
partners will look for ways to more effectively coordinate efforts to market
and promote these sites.
(3)
Consumer/Trade Shows. The state agencies will coordinate
their participation in domestic and international consumer and travel trade
shows/initiatives, developing a coordinated schedule prior to fiscal year
budget planning deadlines. Each of the five agencies may participate in staffing
the shows, depending upon each agency's focus and budget restrictions. Each
agency will be responsible for its participation costs at such trade shows.
The agencies will use a consistent and unified travel and tourism marketing
theme in a manner appropriate for each show, including use of the trademarked
"Texas. It's Like A Whole Other Country" slogan and the Texas "Patch." Texas
ancillary products and magazines may be promoted at these shows. TDED will
be the prime Texas representative at shows conducted in out-of-state markets.
TxDOT, TPW, TCA and THC may participate at other shows with collateral materials
and staff where appropriate.
(4)
Fulfillment.
(A)
TDED is the agency with primary responsibility for conducting
advertising and marketing activities to generate consumer requests for State
of Texas travel literature. TDED maintains the 1-800-8888-TEX toll-free telephone
number and the www.TravelTex.com website to receive such consumer requests.
TDED will continue to contract and pay for the services required to maintain
these consumer resources.
(B)
TxDOT is the agency with primary responsibility for the
fulfillment of consumer travel literature requests. TxDOT will contract and
pay for printing, storage, handling, mail preparation, packaging and postage
for consumer requests. Data entry costs for coupon cards, tip-in cards, business
reply cards or other sources will be reimbursed to TxDOT at cost by any agency
using this service.
(C)
TxDOT may negotiate with other agencies working under this
memorandum to provide fulfillment services for their publications and/or products.
These agreements will be for actual costs for packaging, handling, storage
and postage.
(D)
TDED may perform fulfillment of consumer requests for travel
literature and TDED's licensed merchandise received via its 1-800 telemarketing
contractor and/or the TravelTex.com website, when such fulfillment services
are not made available by TxDOT. These services include, but are not limited
to, first class mail and/or express delivery of such fulfillment materials
and/or merchandise.
(E)
The Travel Information System (TIS) fulfillment database
created by fulfillment responses is cooperatively owned by both TDED and TxDOT.
Decisions concerning functional operation, internal or external marketing
and any revenues gained from the sale of this database will be made cooperatively
by the tourism/travel division directors of both agencies. Revenues generated
from the marketing and sale of the fulfillment database will be shared by
the two agencies based on a percentage of the inquiries generated by each
agency during the fiscal year.
(F)
Working level meetings will be held bimonthly, at a minimum,
to discuss tourism inquiry fulfillment, coordinate fulfillment activities,
and other issues of mutual interest. The primary focus of these meetings will
be to continually improve the effectiveness and efficiency of the fulfillment
system.
(G)
TxDOT will continue to develop, maintain and enhance the
Travel Information System (TIS) with cooperation and input from TDED and,
when appropriate, other State Agency Partners. TxDOT will have final approval
on any enhancement proposals which are generated by the fulfillment team or
other sources.
(H)
TxDOT will make available to travel industry members, TDED
and their advertising agency staff, vendors, and State Agency Partners, the
software to utilize TIS and the data contained therein.
(5)
Technology. State Agency Partners will form a technology
committee that will meet at least twice annually to coordinate use of technology
as a means of marketing and developing Texas as a tourist destination. This
committee will address, at a minimum, the following issues:
(A)
Enhancing tourism marketing through new and innovative
technology products and methods, particularly expanded use of the Internet.
(B)
Enhancements of and collaboration on Texas tourism websites
www.TravelTex.com, www.tpwd.state.tx.us, www.thc.state.tx.us, and www.artonart.com
to ensure consumers are provided a consistent marketing message and easy access
to tourist information, events and services contained on each site.
(C)
Increased use of the Travel Information System (TIS) database
by each agency.
(D)
Enhanced methods of sharing electronic data, particularly
via the Internet.
(6)
Publications.
(A)
The magazine staffs of Texas Highways and Texas Parks &
Wildlife will confer to avoid inappropriate redundancy of topical content.
Information of mutual interest and marketing opportunities shall be discussed
in informal meetings throughout the year and at an annual meeting attended
by both publishers and other appropriate staff members.
(B)
All agencies will convene at least annually to discuss
any new tourism publications, planned or produced, or major revisions to tourism
publications. The agencies may choose to incorporate this review during either
of the two marketing meetings. Other state agencies involved in tourism will
be invited, as appropriate, to discuss publications.
(7)
Research.
(A)
The agencies will coordinate research workplans and projects
to ensure that the state's travel research is comprehensive and appropriate
to guide the tourism marketing and promotional activities of the five agencies.
(B)
TDED will be the lead agency in conducting and gathering
Texas tourism research. Any agency under this agreement may conduct other
research independently. Each agency will pay for its own research or share
costs as may be identified in the research workplans. The five agencies will
distribute their new research publications, as they are completed and become
available, to the other agencies.
(8)
Education and Training.
(A)
TDED will take the lead in organizing community training
and education for development for the Texas travel industry partners. TxDOT,
TPW, TCA, and THC may assist in the organization and sponsorship of these
community training sessions, together with other state, regional, and local
organizations. Training sessions may include, but are not limited to, identification
of and packaging and marketing tourism products, nature tourism, cultural
tourism, heritage tourism, hospitality training, and development and funding
techniques. All five state agencies are encouraged to participate in the community
training and education seminars to educate the travel industry about the state's
tourism activities and available services.
(B)
State Agency Partners will continue to conduct their own
training seminars and conferences. However, the agencies recognize the value
of cross training and sharing training information among the State Agency
Partners and will inform the other partners of such programs and opportunities.
(9)
Tourism Facilities. TxDOT will continue to operate and
fund TxDOT's existing Travel Information Centers. TxDOT's Travel Information
Centers will be a major distribution point for state agency tourism literature
to tourists driving through the state. These information centers should promote
tourism-related marketing and promotional activities of the five state agencies.
TDED, TCA, THC and TPW may provide information and travel literature to the
Travel Information Centers when appropriate. TxDOT will continue providing
collateral materials and advice to city information centers in an effort to
expand state travel information throughout Texas. State Agency Partners will
use their facilities as distribution points for travel information as appropriate.
Texas state parks, fisheries centers and wildlife management areas can also
serve as distribution points for tourism material.
(10)
Resource Sharing.
(A)
In order to maximize the efficient utilization of state
resources and facilitate sharing of those resources among State Agency Partners,
the partners that maintain audiovisual files (still photography, video, and
original art work) will provide access to MOU partners. Agencies shall be
reimbursed at cost for any duplication or material transfers.
(B)
Budgets permitting, State Agency Partners will share agency
staff expertise and staff time for training sessions and consultations around
the state.
(d)
Term. This memorandum of understanding shall be effective
upon execution by representatives of each agency and shall automatically renew
each year on the anniversary of the effective date, unless terminated in accordance
with the provisions of subsection (e) of this section.
(e)
Termination. This memorandum of understanding renews each
year on the anniversary of the effective date, unless terminated by entering
into a new agreement that supercedes this agreement, or by legislative action.
Any of the State Agency Partners may terminate its participation in this agreement
upon written notice to the other State Agency Partners, and the agreement
shall continue in effect among the other Partners. In the event that the functions
of any of the State Agency Partners are altered or abolished by law, rendering
portions of this agreement unenforceable, the remaining portions of the agreement
shall not in any way be affected or impaired.
(f)
Amendments and Changes.
(1)
Any alteration, addition, or deletion to the terms of this
agreement shall be by amendment hereto in writing and executed by all parties.
(2)
This memorandum of understanding does not supercede any
other agreements or contracts that may exist now or that may be executed in
the future between or among all or some of the participating agencies.
(g)
Compliance with Laws and Budgetary Constraints. The obligations
of the parties in carrying out the provisions of this MOU are subject to the
statutory authority of each agency, all other applicable laws and the appropriations
available to each agency to accomplish the purposes set forth herein. This
memorandum of understanding does not include the transfer of any personnel
or funds from one agency to another.
(h)
Adoption as Rule. The Texas Department of Economic Development,
the Texas Department of Transportation, the Texas Parks and Wildlife Department,
the Texas Commission on the Arts, and the Texas Historical Commission shall
adopt this Memorandum of Understanding as a rule in compliance with §481.028,
Texas Government Code. Section 444.030(e), Texas Government Code, further
requires the Texas Commission on the Arts to publish the Memorandum of Understanding
in the
Texas Register
.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 16, 2001.
TRD-200101016
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Effective date: March 15, 2001
Proposal publication date: December 29, 2000
For further information, please call: (512) 936-0177
Chapter 200.
ADMINISTRATION