SECTION 11.46. Advertising

(a) Commission funds shall not be used to advertise a product and/or service of the OCS. Commission funds can be used to support the OCS activities under the sponsorship agreement, including but not limited to:

(1) to provide information about the relationship with the OCS and encourage public participation in OCS-sponsored activities or events in support of the Commission's mission;

(2) to provide information about the availability of products and/or services of an OCS that have been created and/or are being made available to benefit the Commission pursuant to a sponsorship agreement; and

(3) to offset fulfillment costs or opportunity costs to the Commission as a result of a sponsored project or as called for in the sponsorship agreement.

(b) The OCS shall not use Commission or affiliated non-profit entity brands, except as authorized by a sponsorship agreement with the Commission.

(c) The Commission may provide to an OCS opportunities to place advertising in Commission publications, web sites, other media vehicles and outlets, so long as such advertising:

(1) is in the best interest of the Commission; and

(2) it does not conflict with the Commission's mission and goals.

(d) The designation of an OCS as the exclusive OCS for a specific business category shall not limit the Commission's ability to accept advertising from potential competitors of the OCS in Commission publications, web sites and other media.

Source Note: The provisions of this §11.46 adopted to be effective November 30, 2015, 40 TexReg 8641