(a) NPs may solicit and accept sponsorships for department programs, so long as the NP complies with the provisions of this subsection and other written guidance that may be provided by the department.
  (1) All sponsorships of department programs and the level of sponsorship recognition provided by the department must have prior written approval of the department as set forth in this paragraph.
    (A) A statewide sponsorship and the associated sponsorship recognition must have prior written approval by the director.
    (B) A local sponsorship and the associated sponsorship recognition must have prior written approval by the regional director or equivalent whose area of responsibility includes the facility, property or program to be supported by the local sponsorship.
  (2) NPs shall not solicit or accept a sponsorship in support of a department program from:
    (A) a person or entity that has been determined by the department to conflict with either the department's mission or legislative mandates;
    (B) a person or entity that holds a commercial license issued by the department to the extent that the department is prohibited from accepting funds from such a person or entity under Parks and Wildlife Code, §11.026; or
    (C) a person or entity that is in litigation with the department at the time of consideration.
  (3) Sponsor recognition shall be limited as prescribed in this paragraph.
    (A) Sponsor recognition shall be solely in the context of the department program that the sponsor has supported with a financial or in-kind contribution.
    (B) Sponsor recognition shall be permitted only when the financial or in-kind contribution is greater than the costs associated with providing sponsor recognition.
    (C) Sponsor recognition shall not include signage of any kind on state-owned motor vehicles or trailers that were purchased or are maintained with department funds.
    (D) Sponsor recognition shall not overshadow the project, the purposes of the project, or the mission of the department or result in the role of the department being less prominent than that of the sponsor.
  (4) In determining the level of sponsorship recognition to provide, the department will consider:
    (A) the level of contribution as a percentage of the total funding required to execute or produce the program, event, or material;
    (B) the level of contribution as a percentage of total sponsorship dollars received;
    (C) the scope of exposure (e.g. statewide, regional, local, or a single location); and
    (D) the duration of exposure (e.g. one day, one month or one year).
  (5) Sponsorship recognition may not promote the sponsor's products, services, or facilities. This subsection does not prohibit the broadcast or display of the sponsor's logo or name and a reference to the sponsor's location.
  (6) No officer or employee of the department shall act as the agent for any NP or donor in negotiating the terms or conditions of any agreement relating to the provision of funds, services, or property to the department by the NP or donor.
(b) Nothing in this subchapter shall limit the ability of a NP to make an unrestricted cash donation to the department when no sponsorship recognition is provided. Such a donation may be for a specific purpose or program.

Source Note: The provisions of this §51.166 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636