Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 23.
TRAVEL INFORMATION
The Texas Department of Transportation (department) proposes amendments
to §23.1 and §23.2, concerning general provisions; §§23.10,
23.12, and 23.14, concerning travel information; §§23.26, 23.28,
and 23.29, concerning
Texas Highways
magazine;
and the repeal of §23.11, concerning InfoBords.
EXPLANATION OF PROPOSED AMENDMENTS AND REPEAL
Section 23.1 describes the purpose for Chapter 23, Travel Information.
The section is amended to correctly reflect the name of the Travel Division
and the current organization of the department. Legal citations in this section
and throughout Chapter 23 are amended to cite Transportation Code, Chapter
204.
Section 23.2 is amended to correctly define the Texas Highways Travel Discount
Card. This revision will eliminate confusion with other travel discount passport
programs. The definitions of "director" and "division" are amended to update
the name of the Travel Division.
Section 23.10 describes department policies and procedures relating to
the production, development, printing, advertising content, and distribution
of travel literature. This section is amended to more accurately reflect items
or points of interest for inclusion in department travel literature, to standardize
and clarify the response to consumer complaints, to clarify distribution of
multiple quantities of travel literature, to more accurately reflect acceptable
subjects for advertising in department travel literature, and to streamline
the process of publication of advertiser information. These revisions will
define criteria for inclusion in department travel literature that requires
the subject matter be of interest to a broad cross section of travelers; clarify
that the removal of subject matter from department travel literature will
occur in the state’s official travel web site and in all literature,
not just a single publication; save the department money since a rate card
is a more economical way to deliver advertising rate information than a media
kit, and an invitation to receive a sample copy of a publication is provided
rather than an actual sample copy; allow for in-person, on-premise delivery
of certain insertion orders (orders for paid advertising) in department travel
literature; and save money by not requiring the department to mail out reminders
of advertising space deadlines and rates.
Section 23.12 describes department policies and procedures relating to
the publication of the Texas Official Travel Map. This section is amended
to allow a port of entry to be included on the inset side of the map. This
revision will clarify why the department chooses an area as an inset.
Section 23.14 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. This section is amended
to allow for the distribution of traveler safety information and to clarify
types of unacceptable travel literature. These revisions will allow for the
distribution of literature on such topics as driving laws and fines, seatbelts,
drinking and driving, and passing emergency vehicles; will prohibit travel
literature that is solely for the purpose of selling a single, tangible item;
and will prohibit the placement of posters and banners on the walls in a travel
information center. Section 23.14(g) is amended to correct a legal cite to
the Code of Federal Regulations.
Section 23.26 establishes the Texas Highways Magazine Discount Card Program
to promote paid circulation of
Texas Highways
magazine
and to enable magazine subscribers to obtain travel-related goods and services
at discounted prices. This section currently requires payment of a one dollar
fee for a replacement discount card. The amendment removes this fee and provides
that replacement cards will be provided free of charge. This revision will
save the department money since the cost of handling the payment transaction
is more expensive than simply replacing the card, provides friendlier customer
service, and encourages travel within the state of Texas by use of the card.
Section 23.26(d)(1) establishes business eligibility for participation
in the Texas Highways Magazine Discount Card Program. This section is amended
to further detail the participation categories and to clarify business eligibility
and participation by adding the term "events" so that an admission discount
to an event would be considered eligible for the program. This revision will
add additional value to the discount card by providing more travel discount
possibilities and encourage travel within the state of Texas since events
are a key tourism and travel element.
Section 23.26(d)(2)(A) prohibits the participation of certain businesses
in the Texas Highways Magazine Discount Card Program. Paragraph (2)(A) is
amended to allow a business that sells products or services relating to out-of-state
travel-tourism features, sites, destinations facilities, and services to participate
in the program if those products or services augment Texas travel or tourism
or if they are border locations with ties to Texas. This revision will expand
the number of participants in the program, provide travelers with more possibilities
for use of the discount card, and allow more participation by border locations.
Section 23.26(e) provides that to participate in the program, an eligible
business must make application and then sign an agreement with the department
to abide by terms and conditions prescribed by the department and requires
the department to publish a list of participants in the magazine. This section
is amended to eliminate the application; require a signed listing which outlines
the department’s terms and conditions be submitted to the publisher
of the magazine or the publisher’s designated agent; allow a vendor
to contract with the department through a competitive bid process to solicit
eligible businesses for participation in the program. Subsection (f) is amended
to allow the department to provide the list of participants in supplement
digest form and on the magazine’s web site. These revisions will eliminate
unnecessary paperwork, streamline the process of obtaining participants in
the program, allow for outsourcing the solicitation process, and provide alternative
outlets for the information.
Section 23.26(g) provides for the removal of a business from the program
based on noncompliance with the business’ stated amount or nature of
its discount. This section is amended to add that a business may be removed
from the program due to consumer complaints and to outline the removal process.
These revisions will clarify how and why the department removes a participating
business.
Section 23.28 provides for the use of subscriber and purchaser information
of
Texas Highways
magazine customers. This
section is amended to clarify the use of this information and provides for
the department to learn about the reading and purchasing habits of subscribers.
This revision will allow the department to collect and share demographic profile
information with potential advertisers since this information is used for
advertising decisions.
Section 23.29 describes department policies and procedures relating to
the advertising content of
Texas Highways
magazine.
This section is amended to standardize and clarify the response to consumer
complaints.
Section 23.11 provided for the design and placement of travel panels, referred
to as InfoBords, in highway rest areas to inform travelers about sites of
interest in the vicinity. InfoBords, which contain specific information, have
been discontinued and replaced by scenic photographs since these panels included
information that was difficult to keep updated and expensive to replace. Since
InfoBords have been discontinued, §23.11 is proposed for repeal.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the amendments and repeal as proposed are in effect,
there will be no fiscal implications for state or local governments as a result
of enforcing or administering the amendments and repeal. There are no anticipated
economic costs for persons required to comply with the sections as proposed.
Doris Howdeshell, Director, Travel Division, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the amendments and repeal.
PUBLIC BENEFIT
Ms. Howdeshell has also determined that for each of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the amendments and repeal will be to encourage
travel to and within the state of Texas, meet the demand of an increasing
number of potential travelers requesting travel publications, ensure the accuracy
of travel information, make the notification of advertising more understandable
for advertisers, and provide for a more orderly organization of the department’s
rules by the removal of rules that refer to a program that no longer exists.
There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments and repeal may be submitted
to Doris Howdeshell, Director, Travel Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on July
12, 2004.
Subchapter A. GENERAL PROVISIONS
43 TAC §23.1, §23.2
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapter 204.
§23.1.Purpose.
This chapter prescribes the policies and procedures for operation of
the Travel [
§23.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Card--Texas Highways Travel
Discount Card
[
(2)
Commission--The Texas Transportation Commission.
(3)
Department--The Texas Department of Transportation.
(4)
Director--The director of the Travel [
(5)
Display case--An enclosed structure, provided by the department
and located at a Travel Information Center, with space for backlit photographic
transparencies and small pieces of artwork and items of interest.
(6)
Division--The Travel [
(7)
Magazine--
Texas Highways
magazine.
(8)
Metropolitan area--A group of cities in a large urban area.
(9)
Program--Texas Highways Magazine Discount Card Program.
(10)
Promotional graphics, photographs and icons--Artwork,
video, still photographic images and transparencies, paraphernalia, and items
of interest which depict the theme or image of the region’s or metropolitan
area’s travel and tourism attraction or allure.
(11)
Promotional posters--Artwork, still photographic images,
and transparencies which depict or promote a particular event, city, region,
or attraction.
(12)
Purchaser--A person who purchases a
Texas Highways
magazine product.
(13)
Purchaser and subscriber mailing list--A list that contains
the names and addresses of purchasers and subscribers.
(14)
Region--A geographic area within the
state
[
(15)
Subscriber--A person who pays a fee to receive
Texas Highways
magazine by mail.
(16)
Travel and tourism--Scenic, cultural, artistic and historical
points of interest, public and private leisure and recreation attractions,
and parks located within the official boundaries of the state of Texas.
(17)
Travel Information Center--A recognized location where
travel literature and travel counseling are provided by the department’s
trained professional travel counselors, strategically located in buildings
designated with signs, some with adjoining rest areas, on key highways entering
the state, at the historical site of Judge Roy Bean’s court at Langtry,
and in the Capitol Complex Visitor Center in Austin.
(18)
Travel literature--Maps, pamphlets, brochures, documents,
guidebooks, bulletins, or other printed materials and electronic media, except
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 May 28, 2004.
TRD-200403601
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-8630
43 TAC §§23.10, 23.12, 23.14
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapter 204.
§23.10.Travel Literature.
(a)
Purpose. The Texas Department of Transportation,
under
[
(b)
Subject matter.
(1)
The director, or the director's designee, may select subject
matter concerning geographic locations, events and other items or points of
interest to the general traveling public for inclusion in department travel
literature provided that:
(A)
the subject matter is a cultural,
historical, or recreational destination that appeals to a broad general audience;
(B)
[
(C)
[
(i)
car rentals;
(ii)
hospitals or medical facilities;
(iii)
retail stores or shopping centers; or
(iv)
commercial facilities such as theaters, bowling alleys,
and gyms.
(2)
The department may consider for inclusion in travel literature,
subject matter submitted by a person or organization, with complete information
to the division prior to the publishing deadline announced for each specific
travel literature publication.
(3)
The director may remove subject matter concerning events
and other items or points of interest to the traveling public if the department
receives three or more consumer complaints concerning inaccurate information
or inadequate services. The department will send a written notice of noncompliance
to the person or organization affected. If the director determines the complaints
are valid and they remain unresolved after 180 days, the director will remove
the subject matter from
all
[
(c)
Distribution.
(1)
Policy. This subsection prescribes the policies and procedures
of the department relating to the distribution and dissemination of travel
literature to:
(A)
provide for equitable free distribution, within budgetary
constraints, of available travel literature; and
(B)
maximize the resources of the department available to advertise
the highways of the state and to promote travel to and within the state.
(2)
Single copies. A single copy of a publication may be distributed
free of charge to each individual requesting a publication.
(3)
Multiple copies or bulk quantities.
(A)
Except as provided in paragraph (4) of this subsection,
and subject to inventory and budgetary constraints, the department may distribute
multiple copies or bulk quantities of a publication to an individual or organization
free of charge, provided that the recipient, in a written form prescribed
by the department:
(i)
certifies that all copies of publications will be redistributed
to the public or end user free of charge; and
(ii)
describes how the copies will assist the traveling public
and stimulate travel to or within the state.
(B)
The director may deny the distribution of multiple copies
or bulk quantities under this paragraph if he or she determines that the copies
will not assist the traveling public and stimulate travel to or within the
state. When a request is made in writing, the director or the director’s
designee will provide written notice of the reasons for the director's denial.
When a request is made orally, the director or the director’s designee,
will deliver orally the reasons for denial.
(4)
Exceptions. Subject to inventory and budgetary constraints,
the department may provide multiple quantities of travel literature:
(A)
free of charge, to each elected state and federal official,
for use in their official duties;
(B)
to the
Office of the Governor, Economic Development
and Tourism
[
(C)
to other individuals and entities if the recipient:
(i)
reimburses the department for its costs to print the additional
quantities; and
(ii)
satisfies the requirement of paragraph (3)(A)(i) of this
subsection.
(d)
Commercial cooperation. The department may, consistent
with Government Code, Chapters 2155-2158 and 2252, and Texas Constitution,
Article XVI, Section 21, enter into cooperative contracts with commercial
entities for production, marketing, and distribution of department travel
literature to achieve:
(1)
greater volume;
(2)
reduced cost to the department;
(3)
higher quality;
(4)
wider circulation; and
(5)
other considerations that will achieve more effective or
more economical production and distribution of travel literature than could
be attained by departmental efforts alone.
(e)
Advertising.
(1)
General policy.
Transportation Code, Chapter 204
[
(2)
Acceptable subjects. Subjects acceptable for advertising
in department travel literature include:
(A)
Texas vacation, travel or tourism-related features, sites,
facilities, destinations, accommodations, restaurants,
events,
and
services;
(B)
Texas shopping opportunities;
(C)
pleasure-driving features, equipment, facilities, destinations,
and services;
(D)
recreational features, sites, equipment, facilities, and
services;
(E)
camping, hiking, fishing, boating, and outdoor features,
sites, equipment, facilities, and services;
(F)
public transportation modes, products, facilities, and
services; and
(G)
other features, sites, products, equipment, facilities,
and services relating to travel and tourism.
(3)
Unacceptable subjects. Advertising subjects not acceptable
in department travel literature include:
(A)
out-of-state travel-tourism features, locations, destinations,
facilities, and services unless augmenting Texas travel or tourism
, or
unless on border locations with ties to Texas
;
(B)
alcoholic beverages;
(C)
tobacco products;
(D)
sexually-oriented products and services; [
(E)
in-state tourism features, locations, destinations, facilities,
accommodations, and services not regularly accessible (open) to the general
public year-round except for attractions or destinations that open seasonally
because of weather conditions; and
(F)
other subjects not related to travel and tourism.
(4)
Advertising sales and solicitations.
(A)
Mailing list. Any entity or individual interested in advertising
in department travel literature will be included in the department's mailing
list upon request. The department will annually publish in the
Texas Register
an invitation to
receive advertising rate information
[
(B)
Publication of advertiser information. The department will
calculate advertising rates and develop a
rate card for
[
(C)
Contents of
the rate card
[
(i)
[
(ii)
advertising rates;
(iii)
publication issue and closing dates;
(iv)
circulation data;
(v)
publisher's editorial profile;
and
[
(vi)
[
(D)
Procedure for selling advertising.
(i)
The department
or
[
(ii)
The department or its designated agent will mail a
rate card
[
(iii)
On and after the 31st day following the initial date
of mailing, the department or its designated agent will accept all insertion
orders (orders for paid advertising) received prior to the publication deadline
on a first-come,
first-served
[
(iv)
Reminders of advertising space
deadlines and rates may be mailed at the discretion of the department if advertising
space remains available prior to space closing deadlines.
[
(5)
Restrictions.
(A)
The department will not accept advertising it considers
to be misleading or a misrepresentation of facts.
(B)
The department will not accept advertising from an entity
that discriminates against customers on the basis of race, color, creed, religion,
sex, or national origin.
(C)
The director may remove an advertiser based on the department’s
receiving three or more consumer complaints concerning service or merchandise.
The department will send a written notice of noncompliance to the advertiser.
If the director determines the complaints are valid and they remain unresolved
after 180 days, the director will remove the advertiser from the travel publication.
A business may appeal removal to the department’s [
§23.12.Texas Official [
(a)
Purpose.
Under Transportation Code, Chapter 204
[
(b)
Content. Content will be determined by the department and
may include:
(1)
a city or town that meets one or more of the following
criteria:
(A)
located on the state-maintained highway system;
(B)
has a population of 50 or more;
(C)
has a United States post office;
(D)
is near a significant park or recreational area, or a historical,
recreational, or scenic tourist interest facility that is open to the public
continuously or on a regular seasonal basis; and
(E)
has auto repair or service available in the area;
(2)
highways designated by the commission, including:
(A)
interstate highways;
(B)
United States highways;
(C)
state highways;
(D)
farm-to-market (FM), ranch-to-market (RM), or recreational
(RR) roads that connect with one or more higher-grade highways or roadways;
and
(E)
FM, RM, RR, or park roads that provide access to widely
recognized parks, lakes, or recreational areas;
(3)
map insets:
(A)
representing cities or areas, selected by the department,
in descending numerical order on the basis of annual traffic volume in each
of the metropolitan areas,
or their location as a port of entry,
to
best utilize the limited space available on the map; and
(B)
designed insets to show only a few primary highways or
through routes (not all city streets); and
(4)
mileage chart containing a limited number of cities and
towns selected on the basis of a matrix composed of the following factors:
(A)
the significance of the location as a geographic reference
point for calculating long-distance trips within Texas, to assure statewide
balance in the selections;
(B)
the importance of the location as a gateway or entrance
point to the
state
[
(C)
the status of the location as a primary travel or tourist
destination;
(D)
the population size of the location; and
(E)
the use of the location as the site of significant highway
intersections.
§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; [
(K)
travel maps or public transportation information
;
or
[
(L)
traveler safety.
(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
, 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)
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; [
(5)
is for display on the wall,
including, but not limited to, a poster or banner; or
(6)
[
(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,
Code of Federal Regulations,
[
(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 May 28, 2004.
TRD-200403602
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-8630
and Information
] Division of the Texas Department of
Transportation. The division directly serves the Texas Transportation Commission
and the department’s administration by administering public information
and travel and tourism programs. Public information activities consist of
preparing and disseminating [
, in accordance with Transportation Code, §201.801,
] information of public interest concerning road conditions, litter
reduction, highway beautification, and information on Texas’ travel
opportunities. The travel and tourism functions, as authorized by
Transportation
Code, Chapter 204
[
Texas Civil Statutes, Article 6144e
],
include operation of the state’s network of Texas travel information
centers,
production and dissemination of
[
producing and disseminating
] the state’s travel and tourism literature,
and publication
of
Texas Highways
magazine, the
state's official travel magazine.
[
and in accordance with House
Concurrent Resolution 26, 64th Legislature, 1975, publishing Texas Highways
magazine.
]
Passport
].
and Information
] Division.
and Information
] Division
of the Texas Department of Transportation.
State
] of Texas with a common feature or theme and that is readily recognized
as a single entity.
State
] of Texas, and publicize points of interest, recreational grounds,
scenic places, historical facts, or other items of interest and value to the
traveling public.
Subchapter B. TRAVEL INFORMATION
pursuant to
] Government Code, §2052.002
,
and
Transportation Code, Chapter 204
[
Texas Civil
Statutes, Article 6144e
], publishes travel literature for free distribution
to the traveling public. This section sets forth department policies and procedures
relating to the production, development, printing, advertising content, and
distribution of that literature.
(A)
] the subject matter is regularly
accessible (open) to the general public; and
(B)
] the subject matter is not a
routine commercial service, including, but not limited to:
the
] travel
literature,
including the state’s official travel web site
[
publication
]. A person or organization may appeal removal to the department’s
[
assistant
] executive director
, or the executive director’s
designee, not below the level of division director,
[
of motorist
services
] whose decision will be final.
tourism division of the Texas Department of Commerce
], the Texas Education Agency, local governmental
or private
entities
involved in tourism, and other state and federal agencies, on such written
terms and conditions as may be mutually agreed upon; and
Texas Civil Statutes, Article 6144e
], empowers the department to publish
literature for the purpose of advertising the highways of this state and attracting
traffic thereto. In furtherance of that purpose of assisting and encouraging
travel in Texas, the department may include certain paid advertising in travel
literature, provided that the quality and quantity of the primary information
content is not impaired.
and
]
be added to the mailing list
].
media kit to include
] each travel literature publication deemed by the
department as appropriate for advertising. The department will publish the
advertising rate
[
media kit
] information on a continuous
basis in the Standard Rate and Data Service, Consumer Magazine and Agri-Media
Source. The department will also publish the
advertising rate
[
media kit
] information annually in the
Texas
Register
.
media kit
].
The
rate card
[
media kit
] will include information about:
available
] advertising space and positions;
(vi)
a sample copy of the publication,
if applicable; and ]
(vii)
] other related information.
and/or
] its designated
agent will mail a description of the publication accepting advertising, publication
deadlines, rates, and an invitation to receive
a sample copy of the publication
[
the media kit
] to those on the mailing list 30 days after
publication in the
Texas Register
. If the
department offers advertising in a travel publication that was not included
in the original
Texas Register
notice, then
a notice will be placed in the
Texas Register
announcing
the acceptance of advertising in the new travel publication. Thirty days after
this notice is published, the department or its designated agent will mail
a description of the new publication, publication deadlines, rates, and an
invitation to receive
a sample copy of the publication
[
the
media kit
] to those on the mailing list.
media kit
] upon request to an entity or individual
not on the mailing list after the publication in the
Texas Register
and prior to the last space-closing date of the publication.
first-serve
] basis or
until all advertising space for a particular publication is filled. Insertion
orders postmarked or received prior to the end of the 30-day period will not
be accepted. All insertion orders will be stamped with the date as they are
received. Orders for premium space will be accepted only by mail postmarked
or delivered
on or after the 31st day following the initial date of
mailings. Advertisers must indicate ranked preference on all premium positions
desired. If more than one insertion order for a premium position is received
on the same day, the department will determine selection by a drawing held
on
the
15th day following the first day insertion orders can be
accepted. Insertion orders for an inside front cover spread and inside back
cover spread will take precedence over an inside front cover and inside back
cover insertion order.
(iv)
When advertising space remains
available for annual publications 90 days prior to the space-closing deadline,
a mailing reminder of deadlines and rates will be sent to those on the mailing
list. For quarterly publications, reminders of advertising space deadlines
and rates will be included in the quarterly solicitation for listings and
mailed quarterly to those on the mailing list. ]
assistant
]
executive director
, or the executive director’s designee, not below
the level of division director,
[
of motorist services
] whose
decision will be final.
Highway ] Travel Map.
Pursuant to Texas Civil Statutes, Article 6144e
], the department publishes
the Texas Official [
Highway
] Travel Map (map) for the general motoring
public depicting major Texas highways, cities and towns, mileage between such
points, locations of Texas state parks, national forests, national parks and
wildlife refuges, picnic and safety rest areas, major lakes and rivers, counties,
and certain other geographic details.
State
] of Texas;
or
]
.
]
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:
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.