(a) "Abuse" means any departure from reasonable use,
such as immoderate or improper use; use contrary to customary or accepted
practices and protocols; or use which may discredit the state or improperly
suggest state endorsement or sponsorship.
(b) "Annual gross receipts" means the total amount
of money or the value of benefits received from the sale of licensed
products during the calendar year.
(c) "Benefit" means anything reasonably regarded as
an economic gain or an economic advantage.
(d) "Commercial purpose" means a purpose that is intended
to result in a profit or other tangible benefit but does not include:
(1) official use of the state seal or a representation
of the state seal in a state function;
(2) use of the state seal or a representation of the
state seal for a political purpose by an elected official of this
state;
(3) 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;
(4) 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;
(5) 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
(6) 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.
(e) "Elected official" means any individual who has
been elected to an office of state government, including political
subdivisions of the state, which is filled by the choice of the voters,
including a member of the legislature.
(f) "Nonexact representation" means a representation
of the state seal that, while not identical, incorporates many elements
of the state seal, is substantially similar to the state seal, or
would be recognized by most viewers as the state seal.
(g) "Official use" means the use of the state seal
by an officer or employee of this state in performing a state function.
(h) "Representation of the state seal" includes a nonexact
representation of the state seal that the secretary of state determines
is deceptively similar to the state seal. A seal of a state agency
that incorporates the state seal is a "representation" of the state
seal, the use of which is subject to §17.08, Business & Commerce
Code, and these sections.
(i) "State function" means a state governmental activity
authorized or required by law.
(j) "User" means a person who uses the state seal for
a commercial purpose; the term may include a manufacturer, vendor,
or service provider.
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