(a) Grounds for removal. The director or director's designee, or the department's vendor, may remove an advertisement in the commercial advertising space at a travel information center if:
  (1) the department or its vendor receives a complaint about the advertised product or service that the department or vendor determines to be valid;
  (2) the department or its vendor considers the advertisement to be misleading or contain a misrepresentation of facts; or
  (3) the advertisement discriminates against any state or federally protected class of persons.
(b) Removal. If the department or vendor determines that a complaint received under subsection (a)(1) of this section is valid, the department or its vendor will send a written notice of the complaint to the advertiser. If the department or vendor determines that the complaint is valid and that removal of the advertisement is appropriate, the director or director's designee, or the department's vendor, on written notice to the advertiser stating the reasons for removal, may remove the advertisement.

Source Note: The provisions of this §23.45 adopted to be effective January 7, 2015, 40 TexReg 95