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Texas Statutes (Last Updated: January 4, 2014) |
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BUSINESS AND COMMERCE CODE |
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Title 2. COMPETITION AND TRADE PRACTICES |
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Chapter 17. DECEPTIVE TRADE PRACTICES |
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Subchapter B. DECEPTIVE ADVERTISING, PACKING, SELLING, AND EXPORTING |
Sec. 17.08. PRIVATE USE OF STATE SEAL
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(a) In this section:
(1) "Commercial purpose" means a purpose that is intended to result in a profit or other tangible benefit but does not include:
(A) official use of the state seal or a representation of the state seal in a state function;
(B) use of the state seal or a representation of the state seal for a political purpose by an elected official of this state;
(C) use of the state seal or a representation of the state seal in an encyclopedia, dictionary, book, journal, pamphlet, periodical, magazine, or newspaper incident to a description or history of seals, coats of arms, heraldry, or this state;
(D) use of the state seal or a representation of the state seal in a library, museum, or educational facility incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or this state;
(E) use of the state seal or a representation of the state seal in a theatrical, motion-picture, television, or similar production for a historical, educational, or newsworthy purpose; or
(F) use of the state seal or a representation of the state seal for another historical, educational, or newsworthy purpose if authorized in writing by the secretary of state.
(2) "Representation of the state seal " includes a nonexact representation that the secretary of state determines is deceptively similar to the state seal.
(3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function.
(4) "State function" means a state governmental activity authorized or required by law.
(5) "State seal" means the state seal, the reverse of the state seal, and the state arms as defined by Sections 3101.001 and 3101.002, Government Code.
(b) Except as otherwise provided by this section, a person may not use a representation of the state seal:
(1) to advertise or publicize tangible personal property or a commercial undertaking; or
(2) for another commercial purpose.
(c) A person may use a representation of the state seal for a commercial purpose if the person obtains a license from the secretary of state for that use. The secretary of state, under the authority vested in the secretary as custodian of the seal under Article IV, Section 19, of the Texas Constitution, shall issue a license to a person who applies for a license on a form provided by the secretary of state and who pays the fees required under this section if the secretary of state determines that the use is in the best interests of the state and not detrimental to the image of the state. A license issued under this section expires one year after the date of issuance and may be renewed.
(d) The secretary of state shall adopt rules relating to the use of the state seal by a person licensed under this section. The secretary of state shall adopt the rules in the manner provided by Chapter 2001, Government Code.
(e) The application fee for a license under this section is $35. The license fee for an original or renewal license is $250. In addition to those fees, each licensee shall pay an amount equal to three percent of the licensee's annual gross receipts related to the licensed use in excess of $5,000 to the state as a royalty fee.
(f) A person licensed under this section shall maintain records relating to the licensee's use of the state seal in the manner required by the rules of the secretary of state. The secretary of state may examine the records during reasonable business hours to determine the licensee's compliance with this section. Each licensee shall display the license in a conspicuous manner in the licensee's office or place of business.
(g) The secretary of state may suspend or revoke a license issued under this section for failure to comply with this section or the rules adopted under this section. The secretary of state may bring a civil action to enjoin a violation of this section or the rules adopted under this section.
(h) A person who reproduces an official document bearing the state seal does not violate Subsection (b) of this section if the document is:
(1) reproduced in complete form; and
(2) used for a purpose related to the purpose for which the document was issued by the state.
(i) A person who violates a provision of Subsection (b) of this section commits an offense. An offense under this section is a Class C misdemeanor.
(j) A person who violates Subsection (b) of this section commits a separate offense each day that the person violates a provision of that subsection.