SECTION 72.1. Definitions

(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.

Source Note: The provisions of this §72.1 adopted to be effective December 10, 2012, 37 TexReg 9617