|(a) Except as specifically authorized under this chapter,
no person may depict, display, or use, in any manner, the GO TEXAN
certification mark without obtaining prior written permission from
the department. A person may seek such permission by filing an application
for use of the GO TEXAN certification mark with the department. All
information submitted with a request for license becomes the property
of the department.
(b) A request for a license under this section must
be accompanied by a $35 non-refundable application fee.
(c) Upon approval of a request, and payment of a $250
licensing fee, a license will be issued to the applicant. Failure
to pay the licensing fee within 30 days of approval shall result in
denial of the license and cancellation of the approved request.
(d) A licensee under this section shall pay a royalty
fee of 3.0 percent of annual gross receipts from the sale of licensed
products in excess of $5,000.
(e) A license under this section is not required for
the depiction, display, or use of the GO TEXAN certification mark
under the following circumstances:
(1) use of the GO TEXAN certification mark for an historical,
educational, or other purpose that benefits the public if authorized
in writing by the department prior to such use; or
(2) use authorized by §§17.52(b), 17.55(c)(1),
17.57(c)(2), 17.59(a), 17.60(b)(2), and 17.61(c) of this title (relating
to use of the GO TEXAN certification mark).