(a) Any person not a state public official or under
the express direction of a state agency and conducting official state
business must, prior to any use of the state seal in any commercial
reproduction, distribution, advertisement, manufacture, promotion,
replication, sale, or any such activity reasonably construed to be
embraced by this description:
(1) complete and file with the Office of the Secretary
of State, on a form prescribed by that office, an application for
a license for the private nonofficial use of the state seal;
(2) obtain such license from the Office of the Secretary
of State.
(b) An application to use the Texas state seal must:
(1) be legibly printed or typed;
(2) indicate whether it is a new application or a renewal;
(3) state the applicant's name and any assumed names;
(4) provide the applicant's business address; organizational
structure; and, if the applicant is a business organization, the jurisdiction
of formation;
(5) describe the goods or services with which the seal
will be used;
(6) describe how the seal will be used, including the
medium by which the seal will be displayed;
(7) be accompanied by an example of use as described
in subsection (c) of this section; and
(8) be accompanied by the application and licensing
fees set forth in Texas Business & Commerce Code §17.08(e)
and §72.6 of this title (relating to Fees: Payment of Money).
(c) Example of use. If the state seal will be used
on goods, examples include specifications of the product to bear the
state seal, such as an architectural drawing, engineer's draft to
scale, sales brochure, or photograph. Drawings and drafts must be
done on standard size paper (8 1/2 inches by 11 inches). Drawings
and drafts will become a permanent part of the application file. If
the state seal will be used in connection with services, examples
include a printers proof for advertising or a printout from a web
page that has not yet been made public.
(d) Upon approval of a complete application, the secretary
of state shall issue a license to the applicant. Only the applicant
is licensed by the secretary of state; the license does not extend
to subsidiaries or related entities.
(e) A licensee must conspicuously display the license
in the licensee's place of business.
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