(a) Sale of space. In accordance with 23 U.S.C. §111, and Transportation Code, Chapter 204, the department may sell, or contract with a vendor to sell on the department's behalf, commercial advertising space at a travel information center in accordance with this section.
(b) Limitations. An advertisement may be exhibited only within a facility at the travel information center. The advertising area may not exceed 60 percent of all of the display area in the facility, with the remaining display area to be used free of charge for providing information to the traveling public and public service announcements.
(c) Acceptable subject matter. The subject of an advertisement in a travel information center is limited to:
  (1) Texas vacation, travel or tourism-related attractions, sites, facilities, destinations, accommodations, restaurants, events, equipment or services determined by the department to be of cultural, educational, historical, or recreational interest to the public;
  (2) shopping opportunities related to Texas destinations and products, including food products;
  (3) pleasure-driving, including equipment, facilities, destinations, and services;
  (4) recreational attractions, sites, equipment, facilities, and services;
  (5) outdoor activities and attractions, including camping, hiking, fishing, boating, bicycling, gardening, photography, birding and other wildlife viewing, astronomical and geological attractions;
  (6) public transportation facilities and services;
  (7) financial, media, and higher education services related to Texas institutions;
  (8) real estate developments related to recreational and retirement living in Texas; and
  (9) other matters of interest and value to the public and highway users, as determined by the department.
(d) Unacceptable subject matter. An advertisement in a travel information center may not advertise:
  (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 provide by subsection (e) of this section;
  (3) a tobacco product;
  (4) a sexually-oriented product or service; or
  (5) another subject that is not related to travel or tourism.
(e) 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 §23.43 adopted to be effective January 7, 2015, 40 TexReg 95