SECTION 23.16. Unacceptable Advertising Subject Matter and Restrictions

(a) Unacceptable subjects. The following are unacceptable for an advertisement in department travel information:

(1) an out-of-state travel-tourism location, destination, facility, or service, unless it borders and has ties with Texas or augments Texas travel or tourism;

(2) an alcoholic beverage, except as provided by subsection (c) of this section;

(3) a tobacco product;

(4) a sexually-oriented product or service; and

(5) any subject that is not related to travel and tourism, as determined by the department.

(b) Other restrictions. The department will not accept an advertisement that:

(1) it considers to be misleading or a misrepresentation of facts; or

(2) discriminates against a state or federally protected class of persons.

(c) Exception. This section does not prohibit the advertisement of a product, or a facility open to the general public, that highlights a registered Texas Department of Agriculture's GO TEXAN product that is grown, produced, or manufactured in Texas.

Source Note: The provisions of this §23.16 adopted to be effective January 7, 2015, 40 TexReg 95