Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 72 - STATE SEAL
Section 72.4 - Exemptions
Universal Citation: 1 TX Admin Code ยง 72.4
Current through Reg. 49, No. 38; September 20, 2024
(a) State agencies and officials who use the state seal for official uses or state functions have no application or fee requirement; however, in an effort to achieve uniformity and continuity, state agencies and officials are encouraged to submit their intended uses and renditions of the state seal to the secretary of state.
(1) When a user solely produces for or solely
sells or distributes to a state agency a product bearing the state seal for an
official use or for a state function, no application or license is
required.
(2) A user seeking the
exemption as set forth in paragraph (1) of this subsection should provide the
secretary of state's office with the following:
(A) a signed statement from that state agency
or appropriate state official that the product has been or will be used by the
state agency for an official use or a state function. See Form 3303-A;
and
(B) a certification, on a form
prescribed by the secretary of state's office, from the user that the product
is not available to the general public. See Form 3303.
(3) Distribution or sale of the product to
the general public by the state agency shall not preclude a user from obtaining
the exemption, as set forth in paragraph (1) of this subsection.
(4) When a user produces for or sells or
distributes to a state agency a product bearing the state seal that is also
available to the general public, the user must file an application and obtain a
license in accordance with §
RSA 72.3
of this title (relating to Application and License) and pay, except as
otherwise provided by these sections, all fees required by §
RSA 72.6
of this title (relating to Fees: Payment of Money).
(5) Gross receipts received from the sale of
licensed products to state agencies under the conditions set forth in paragraph
(4) of this subsection are exempt from the royalty fee required by the statute
and §
RSA 72.6
of this title, provided the manufacturer or vendor of the licensed products
provides the secretary of state's office with a signed statement from that
state agency or appropriate state official that the products have been or will
be used by the state agency for an official use or a state function.
(b) Elected officials who use the state seal for political purposes have no application or fee requirement.
(1) When a user solely produces for or solely
sells or distributes to an elected official a product bearing the state seal
for a political purpose, no application or license is required.
(2) A user seeking the exemption as set forth
in paragraph (1) of this subsection should provide the secretary of state's
office with the following:
(A) a signed
statement from the elected official or designated agent that the product has
been or will be used by the elected official for a political purpose. See Form
3303-A; and
(B) a certification, on
a form prescribed by the secretary of state's office, from the user that the
product is not available to the general public. See Form 3303.
(3) Distribution or sale of the
product to the general public by the elected official shall not preclude a user
from obtaining the exemption, as set forth in paragraph (1) of this
subsection.
(4) When a user
produces for, sells, or distributes to an elected official a product bearing
the state seal that is also available to the general public, the user must file
an application and obtain a license in accordance with §
RSA 72.3
of this title and pay, except as otherwise provided by these sections, all fees
required by §
RSA 72.6
of this title.
(5) Gross receipts
received from the sale of licensed products to an elected official under the
conditions set forth in paragraph (4) of this subsection are exempt from the
royalty fee required by the statute and §
RSA 72.6
of this title, provided the user of the licensed products provides the
secretary of state's office with a signed statement from the elected official
or designated agent that the products have been or will be used by the elected
official for a political purpose.
(c) The manufacturer of a product bearing the state seal bears the responsibility for filing the necessary application, obtaining the appropriate license, and paying all fees required by the statute and these sections.
(1) Vendors or resellers
are exempt from the application, licensing, and fee requirements of the statute
and these sections where the manufacturer of the product transferred has
obtained the required state seal license, provided the vendor or reseller,
prior to resale, obtains from the manufacturer, on a form prescribed by the
secretary of state's office, a certification of the manufacturer's
license.
(2) The certification
shall contain the name and address of the vendor or reseller, as well as the
manufacturer's name, license number, and the type and number of items
purchased. See Form 3304.
(3) The
certification must be kept and maintained at the vendor's or reseller's place
of business for four years and made readily available for inspection by the
secretary of state's office upon request.
(4) A vendor or reseller who fails to obtain,
maintain, or make readily available for inspection the certifications of the
manufacturer's license shall be responsible for obtaining the necessary license
and the payment of all fees required by the statute and these
sections.
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