Texas Register
.
No comments were received regarding the adoption of the new chapter.
Sections 195.1-195.10 are adopted under the authority of Texas
Government Code, §481.0044(a) which requires the Department 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 rules.
§195.6.Memorandum of Understanding with the Texas Department of Transportation and the Texas Parks and Wildlife Department.
(a)
Parties. Pursuant to Texas Government Code §481.028(5),
this memorandum of understanding is made and entered into by and between the
Texas Department of Economic Development (Department), the Texas Department
of Transportation (TxDOT) and the Texas Parks and Wildlife Department (TPWD)
to formalize their agreement to cooperate in marketing and promoting Texas
as a travel destination and provide services to travelers.
(b)
Recitals. The Department, TxDOT and TPWD are the three
major state agencies responsible for promoting travel and tourism in Texas.
Texas Government Code §181.172 sets forth the responsibilities of the
Department in promoting Texas as a tourist destination. Texas Government Code
§181.172(5) and (6) direct that the Department cooperate with TxDOT and
TPWD in tourism matters. Texas Government Code §181.122(b)(1) requires
the Department to promote Texas as an attraction for tourism. 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. 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. Parks and
Wildlife Code §§11.033(2), 11.054(a)(1), 13.017(a) and 31.002 authorize
TPWD to expend certain funds and provide certain information to the public
relating to wildlife management, nongame and endangered species conservation,
public parks and water safety.
(c)
Undertakings by each Party. The parties agree to cooperate
on developing and promoting Texas as a premier travel destination in fourteen
subject areas. The subject areas and each agency's responsibilities are as
follows:
(1)
Marketing. The Department, TxDOT and TPWD will form a tri-agency
marketing group that will develop guidelines and policies to encourage the
use of a unified travel and tourism marketing theme for the state. The current
theme is "Texas. It's Like a Whole Other Country." The tri-agency marketing
group will be comprised of the Executive Directors of the three agencies or
their designees. Other staff members from the three agencies may be brought
into the meetings of the tri-agency marketing group to provide expertise on
certain issues. These other staff members, however, will not have decision-making
authority. The tri-agency marketing group will meet quarterly. Decisions of
the tri-agency marketing group will be made by consensus. The mission of the
tri-agency marketing group will be to guide and coordinate the statewide travel-related
advertisements, promotions, media relations and collateral pieces of the three
agencies. The tri-agency marketing group will advise and make recommendations
on the appropriate tone and message for the marketing efforts of the three
agencies. Each agency will pay for its own marketing and promotional activities.
Each agency will be responsible for ensuring that its statewide marketing,
promotional, and informational materials use the consistent message developed
and adhere to the guidelines established by the tri-agency marketing group.
The Department owns the trademark to "Texas. It's Like a Whole Other Country."
The Department will develop a licensing agreement with TxDOT and TPWD to allow
them to use this trademarked theme.
(2)
Magazines. The magazine staffs of Texas Highways and
Texas Parks & Wildlife and the media staff from the Department will meet
at least twice a year to address opportunities that promise to enhance Texas
travel and tourism through these two magazines. Information of mutual interest
and opportunities for sharing resources will be included in these meetings.
(3)
TOURTEX 2000. TxDOT serves as the lead agency in developing
and managing the TOURTEX 2000 electronic information system. TxDOT will operate
and be responsible for the financial support of TOURTEX 2000. TxDOT will solicit
partnerships for the system with local chambers of commerce, convention and
visitors bureaus or city tourism offices. The Department will assist TxDOT
in the development of a trade component for the system so that detailed information
for tour operators and travel agents may be provided electronically. All three
agencies agree to investigate additional methods of marketing and other potential
outlets for the travel information.
(4)
Travel Information Centers. TxDOT will continue to
operate and fund TxDOT's existing travel information centers. TxDOT will continue
providing collateral materials and advice to city information centers in an
effort to expand state traveler information throughout Texas. TPWD will consider
using facilities at state parks as distribution points for travel information.
The Department and TPWD will support the development of the travel information
centers and may provide information to them when appropriate.
(5)
Shows. The tri-agency marketing group will develop
a comprehensive marketing plan for the three agencies' participation in various
consumer and travel trade shows/initiatives. These shows may be in-state,
out-of-state, or international. The tri-agency marketing group will decide
upon the show schedule prior to fiscal year budget planning deadlines. Each
of the three agencies may play a role 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 unified
travel and tourism marketing theme in a manner appropriate for each show.
Texas ancillary products and magazines may be promoted at these shows. The
Department will be the prime Texas representative at out-of-state and international
trade shows. TxDOT and TPWD may participate at other shows with collateral
materials and staff where appropriate.
(6)
Research/Information Sharing. The three agencies will
meet quarterly to discuss research workplans and projects to ensure that the
State's research is comprehensive and appropriate to guide the marketing and
promotional activities of the three agencies. The Department will take the
lead in conducting and gathering Texas tourism research. TxDOT and TPWD 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 three agencies
will distribute their new research publications, as they are completed and
become available, to the other agencies.
(7)
Community Profiles. The Department maintains a computer
database containing community profiles for use by communities seeking business
prospects or funding from public and private sources. The Department will
continue to develop this system and will provide TxDOT and TPWD access to
it.
(8)
Community Education/Training. The Department will
take the lead in organizing community training and education for tourism development.
TxDOT and TPWD will assist in the organization and sponsorship of these community
training sessions, together with other state, regional and local organizations.
Training sessions may include nature tourism, hospitality training, development
and funding techniques and the integration of existing training offered by
TxDOT to its travel counselors. In addition, the Department will assist communities
through development booklets, tip sheets and basic counseling/assistance over
the telephone. TPWD will offer nature tourism outreach and assistance through
various means.
(9)
Tourism Business Assistance. The Department will play
a lead role in providing information and contacts to companies and individuals
seeking to develop tourism-related properties and attractions. TxDOT and TPWD
may provide expertise in this area when needed.
(10)
1-800 Numbers. The Department, TxDOT and TPWD each
maintain toll-free telephone numbers for different purposes (advertising fulfillment,
travel counseling and weather conditions, etc.). The three agencies will investigate
the feasibility of combining some of these lines. In addition, the three agencies
will form a team of individuals from the entities involved in the operation
of the State's main 1-800 number (1-800-8888-TEX). This main 1-800 line handles
inquiries to the State's tourism advertising campaign. This team will work
to ensure the efficient operation of the 1-800 number and coordinate activities
between the 1-800 number and fulfillment operations.
(11)
Fulfillment Operation. Fulfillment refers to the
act of responding to a request for consumer travel information. TxDOT serves
as the lead agency in travel literature fulfillment. TxDOT will manage the
State's main fulfillment operation, providing information to inquiries generated
by the State's advertising and other marketing efforts. These inquiries may
be from phone calls, coupons, tip-in cards or other means. The Department
will provide TxDOT with quality inquiries from tip-in cards and the main 1-800
number line in a timely fashion for TxDOT to fulfill. The three agencies agree
that the level of the State's advertising program has budget implications
for each of the agencies. Because the volume of travel literature requests
directly drives TxDOT's budget expenditure in production and fulfillment operations,
the three agencies agree to make the best possible projections of annual fulfillments
so that accurate budgets may be formulated. TxDOT will manage and pay for
materials, postage and labor for the fulfillment of inquiries from the general
public. The Department will manage and pay for postage and labor to fulfill
inquiries generated from travel trade marketing efforts. TxDOT will pay only
for TxDOT-produced travel literature for travel trade inquiries. As the lead
fulfillment agency, TxDOT is responsible for the final accuracy and management
of the master data file. Until all daily file corrections have been made,
none of the three agencies will use the data for statistical or reporting
purposes. Only correct and complete data entries will be loaded onto the TRAX
database. This fulfillment operation agreement does not provide for any magazine
or ancillary products fulfillment operations.
(12)
Collateral Materials. TxDOT will provide a Travel
Literature Unit to produce most travel- and tourism-related publications required
by the Department, TxDOT and TPWD. This unit will be composed of TxDOT employees
who will work directly with individuals from the three agencies to ensure
that the pieces meet the needs of their intended audiences, are completed
in a timely manner and fall within budget. The three agencies agree that TxDOT's
Travel Literature Unit must be kept informed about budgeted publications of
all three agencies early enough to incorporate resource needs. A means of
timely and accurate communication of this information will be established
by the tri-agency marketing group. Examples of tasks performed by the TxDOT
unit include: writing specifications for contracting outside services, setting
deadlines, editing, designing, and overseeing quality control of the publications.
Advertising sales will remain with each respective agency. The tri-agency
marketing group will provide general guidance towards maintaining consistency
among all Texas travel publications, while allowing for differentiated attributes
necessary for individual pieces to meet their intended purposes. The tri-agency
marketing group will recommend appropriate methods to ensure equitable agency
contributions to TxDOT of the costs of shared resources and indirect costs
of each agency's own publications. The tri-agency group also will resolve
any problems concerning the application of available resources and completion
dates for various publication projects. Each agency reserves the right to
produce its own collateral materials when desired or appropriate.
(d)
Term. This MOU, which is effective upon execution by representatives
of each agency, shall terminate on August 31, 1999 unless terminated earlier
pursuant to subsection (e) of this section or unless extended by the mutual
agreement of the parties.
(e)
Termination. Any of the three agencies shall have the right,
in such agency's sole discretion, and at such agency's sole option, to terminate
and bring to an end all performances to be rendered under this agreement,
such termination to be effective 60 days after receipt of written notification
by the other parties.
(f)
Amendments and Changes. Any alteration, addition, or deletion
to the terms of this agreement shall be by amendment hereto in writing and
executed by all three parties, except as may be expressly provided for in
some manner by the terms of this agreement.
(g)
Adoption as Rule. Each agency shall adopt this MOU as a
rule in compliance with §481.028, Texas Government Code.
(h)
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 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 November
16, 1998.
TRD-9817574
Gary Rosenquest
Chief, Administrative Officer
Texas Department of Economic Development
Effective date: December 6, 1998
Proposal publication date: September 25, 1998
For further information, please call: (512) 936-0181