CHAPTER 204. TRAVEL INFORMATION

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE A. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 204. TRAVEL INFORMATION

Sec. 204.001. INFORMATION FOR PUBLIC; MAPS. (a) To provide

information relating to highway construction, repair, and

maintenance and to advertise and attract traffic to the highways

of this state, the department may prepare and publish for

distribution, in the manner and form the department considers

best, documents the department considers necessary and expedient

to publicize and provide information concerning:

(1) the highways of this state;

(2) public parks, recreational areas, scenic areas, and other

public places and objects of interest;

(3) distances;

(4) historical facts; and

(5) other matters of interest and value to the public and

highway users.

(b) The department periodically may prepare a map showing:

(1) the highways of this state; and

(2) municipalities and other places of interest served by those

highways.

(c) The department may distribute the documents and maps in the

manner and to the extent the department considers will best serve

the motoring public and highway users.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.002. CHARGE FOR MATERIALS. (a) The department shall

provide a single copy of a document or map distributed under

Section 204.001 without charge.

(b) The department by rule may:

(1) require payment for large quantities of the material; and

(2) authorize distribution without charge of multiple copies of

the material if the distribution will maximize the department's

resources available to advertise the highways of this state and

promote travel to and within this state.

(c) Payment required under Subsection (b)(1) must be in an

amount sufficient to recover the department's direct and indirect

production costs. Money received by the department under this

section shall be deposited to the credit of the state highway

fund and used by the department to produce travel material.

Section 403.095, Government Code, does not apply to money

deposited under this subsection.

(d) If this section conflicts with a license agreement entered

into under Section 201.205, the license agreement prevails to the

extent of that conflict.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.003. TRAVEL INFORMATION CENTERS. The department shall

maintain and operate travel information centers at the principal

gateways to this state to provide highway information, travel

guidance, and descriptive material designed to assist the

traveling public and stimulate travel to and within this state.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.004. PAYMENT OF COSTS. The department may pay from

highway revenues the cost, including the administration and

operation cost, of:

(1) developing, publishing, and distributing material; and

(2) maintaining and operating travel information centers.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.005. PURCHASE OF BROADCASTING AND PERIODICAL

ADVERTISING. The department may purchase advertising space in a

periodical of national circulation and time on a broadcasting

facility from money appropriated from the general revenue fund

and administered by the department for that specific purpose.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.006. CONTRACTS FOR ADVERTISING, MOVIES, AND

PHOTOGRAPHS. (a) The department may enter into a contract

with:

(1) a recognized and financially responsible advertising agency

that has at least five years' experience handling similar

accounts for the contracting of space in newspapers and

periodicals for the publication of advertising information,

historical facts, statistics, and pictures that will be useful

and informative to persons outside this state; and

(2) motion picture producers and other persons for making movies

or taking photographs in this state and for the showing of those

movies and photographs.

(b) The department may join with another agency of this state in

publishing informational publicity material under this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.007. PRIVATE CONTRIBUTIONS. (a) The department may

accept a contribution from a private source for a purpose under

Sections 204.001-204.006.

(b) The department may deposit the contribution in one or more

banks and use the contribution at its discretion according to the

contributor's wishes.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.008. PRODUCTION, MARKETING, AND DISTRIBUTION CONTRACTS.

(a) The department may contract with a private entity to

produce, market, and distribute material published under Sections

204.001-204.006 on the terms, including terms providing cost

savings, the department considers beneficial to this state.

(b) A contract may:

(1) include cooperative strategies the department considers to

provide cost benefits; and

(2) provide for acceptance of paid advertising in the material

if the quality and quantity of the material are maintained.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.009. SALE OF PROMOTIONAL ITEMS. (a) The department

may sell promotional items such as calendars, books, prints,

caps, light clothing, or other items approved by the commission

that advertise the resources of this state.

(b) All proceeds from the sale of the items shall be deposited

to the credit of the state highway fund for the department's use

in its travel and information operations.

(c) Section 403.095, Government Code, does not apply to money

deposited under this section.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.010. TRAVEL MAGAZINE. (a) The department shall

publish the official travel magazine of this state, "Texas

Highways."

(b) The department shall set subscription rates and other

charges for the magazine at a level that generates receipts

approximately sufficient to cover the cost of producing and

distributing the magazine.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.

Sec. 204.011. SUBSCRIBER OR PURCHASER INFORMATION. (a) Except

as provided by this section or a rule adopted by the commission

under this section, the department may not disclose to any person

the name, address, telephone number, social security account

number, driver's license number, bank account number, credit or

debit card number, or charge account number of a person who:

(1) is or has been a subscriber to "Texas Highways"; or

(2) has purchased from the department a promotional item

described by Section 204.009.

(b) Chapter 552, Government Code, does not apply to subscriber

or purchaser information described by Subsection (a).

(c) The commission by rule shall establish policies relating to:

(1) the release of subscriber or purchaser information;

(2) the use by the department of subscriber and purchaser

information; and

(3) the sale of a mailing list containing the names and

addresses of subscribers or purchasers.

(d) The policies must:

(1) include a method by which a subscriber or purchaser may

require the department to exclude information about the person

from a mailing list that is sold; and

(2) provide that subscriber or purchaser information be

disclosed to an agency of this state or the United States only if

that agency certifies that the information is necessary for the

performance of that agency's duties.

(e) The department is immune from civil or criminal liability if

the department unintentionally violates this section or a rule

adopted under this section.

(f) In this section, a reference to the department includes an

officer, employee, or agent of the department.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff.

Sept. 1, 2003.