| (a) NPs may solicit and accept sponsorships for department
programs, so long as the NP complies with the provisions of this subsection
and other written guidance that may be provided by the department.
(1) All sponsorships of department programs and the
level of sponsorship recognition provided by the department must have
prior written approval of the department as set forth in this paragraph.
(A) A statewide sponsorship and the associated sponsorship
recognition must have prior written approval by the director.
(B) A local sponsorship and the associated sponsorship
recognition must have prior written approval by the regional director
or equivalent whose area of responsibility includes the facility,
property or program to be supported by the local sponsorship.
(2) NPs shall not solicit or accept a sponsorship in
support of a department program from:
(A) a person or entity that has been determined by
the department to conflict with either the department's mission or
legislative mandates;
(B) a person or entity that holds a commercial license
issued by the department to the extent that the department is prohibited
from accepting funds from such a person or entity under Parks and
Wildlife Code, §11.026; or
(C) a person or entity that is in litigation with the
department at the time of consideration.
(3) Sponsor recognition shall be limited as prescribed
in this paragraph.
(A) Sponsor recognition shall be solely in the context
of the department program that the sponsor has supported with a financial
or in-kind contribution.
(B) Sponsor recognition shall be permitted only when
the financial or in-kind contribution is greater than the costs associated
with providing sponsor recognition.
(C) Sponsor recognition shall not include signage of
any kind on state-owned motor vehicles or trailers that were purchased
or are maintained with department funds.
(D) Sponsor recognition shall not overshadow the project,
the purposes of the project, or the mission of the department or result
in the role of the department being less prominent than that of the
sponsor.
(4) In determining the level of sponsorship recognition
to provide, the department will consider:
(A) the level of contribution as a percentage of the
total funding required to execute or produce the program, event, or
material;
(B) the level of contribution as a percentage of total
sponsorship dollars received;
(C) the scope of exposure (e.g. statewide, regional,
local, or a single location); and
(D) the duration of exposure (e.g. one day, one month
or one year).
(5) Sponsorship recognition may not promote the sponsor's
products, services, or facilities. This subsection does not prohibit
the broadcast or display of the sponsor's logo or name and a reference
to the sponsor's location.
(6) No officer or employee of the department shall
act as the agent for any NP or donor in negotiating the terms or conditions
of any agreement relating to the provision of funds, services, or
property to the department by the NP or donor.
(b) Nothing in this subchapter shall limit the ability
of a NP to make an unrestricted cash donation to the department when
no sponsorship recognition is provided. Such a donation may be for
a specific purpose or program.
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