There are two types of fliers: information and solicitation. The term "solicitation" means:
- the sale or offer for sale of any property or service, or
- the receipt of or request for any gift or contribution. The term "solicit" means to engage in solicitation.
A. Solicitation which may be conducted within the boundaries of the university campus includes the following:
- The sale or offer for sale or distribution of any newspaper, magazine, or other publication containing third party solicitation by means of a vending machine or distribution stand in an area designated in advance by the Dean of Students/designee for the conduct of such activity.
- The vending of food and other items and the catering of food (other than those included in a. above) which must be approved through the Auxiliary Services Office. This approval procedure is outlined in UPPS No. 05.03.02, “Catered Events.”
- The sale or offer for sale of any publication of the university, or of any book or other printed material to be used in the regular academic work of the university.
- The operation by the university or its subcontractor of any bookstore, specialty store, laundry, cafeteria, or other service facility maintained for the convenience of the students, faculty and/or staff.
- The sale or offer for sale by the university or its subcontractor of food and drink items, souvenirs, tickets and programs at athletic contests or at any program or event sponsored or authorized by the university.
- The advertisement of any activity, item, or product sponsored or authorized by the university and approved by the Dean of Students/designee.
- The collection of tuition and fees in connection with enrollment of a student in any course or degree program.
- The collection of membership dues or dues by registered student, faculty or staff organization at meetings of such organizations scheduled in accordance with the facilities use regulations of the university.
- The collection of admission fees or contributions for the exhibition of movies or other programs, including but not limited to fine arts and athletic events that are sponsored by the university, or by a registered student organization or faculty organization and which are authorized and scheduled in accordance with the facilities use regulations of the university.
- Activities that are sponsored by a registered student, faculty or staff organization on behalf of a charitable organization and which are conducted in accordance with non-discriminatory policies approved by the Dean of Students/designee) and scheduled in accordance with the facilities use regulations of the university.
- Events sponsored by a registered student, faculty or staff organization or the university that are authorized and scheduled in accordance with the facilities use regulations of the university. All signs, tickets and literature advertising the event must identify the sponsoring organization. The university may require that members of the sponsoring organization solicit directly, and may prevent organizations from using non-members to solicit for the organization.
- Activities of agents of companies authorized by the university to provide information or services related to instruments, equipment, office supplies, health insurance, optional retirement programs, or tax-sheltered annuities and other university-related services specifically requested by the university.
- The advertisement of any activity, item, service or product in any university publication.
- The advertisement of any activity, item, service or product sent to university students, faculty, or staff through the United States mail.
B. Permissible solicitation must be conducted in a manner that will not:
- Interfere with academic or other institutional programs that are being carried on in campus facilities;
- Interfere with the free and unimpeded flow of vehicular or pedestrian traffic on sidewalks and streets and places of ingress and egress to and from campus buildings;
- Use obscene or libelous language or materials;
- Harass, embarrass, or intimidate the person or persons being solicited;
- Advocate the deliberate violation of a federal or state law or a published Regent’s Rules or university policy;
- Constitute disorderly conduct, disrupt classroom discussion, impede maintenance of public order, or constitute a danger to the person distributing or disseminating material or any other individual or group; or
- Litter the campus grounds; or
- Violate City of San Marcos ordinance on posting of material on utility, traffic light poles, or other public structures. (Contact: City of San Marcos, Building & Inspections, 393-8232)
C. Procedures for obtaining solicitation approval
Posting from on-campus registered student organizations or university departments must clearly include the name of the sponsoring organization and an accommodation statement for persons with disabilities.
Sponsoring registered student organizations or university departments must comply with the Texas State policy on posting/distribution of temporary signs, informational booths and banners on campus, UPPS No. 07.04.02.
Sponsoring registered student organizations or university departments must comply with the Texas State policy on guidelines for alcohol/tobacco sponsorship, UPPS No. 07.04.10.
D. Following is the process for obtaining solicitation approval:
Persons desiring to conduct solicitation activities on campus can obtain a solicitation request form from the Campus Activities Information Desk or download the form from the solicitation Web site.
Completed forms with appropriate signatures must be submitted to the Office of Campus Activities Information Desk, LBJ Student Center at least seven days before the scheduled event.
Campus Activities will review solicitation requests and respond as soon as possible, not to exceed seven days.
Campus Activities will reserve the necessary requested space through the LBJ Student Center reservation system.
Upon approval of solicitation request, the student organization/departmental representative will be notified of where to pick up the solicitation permit.
It is the responsibility of the student organization/department representative to pick up the approved solicitation permit on the day of the reservation.
Any solicitation activity planned for a residence hall must also be approved by the Director of the Department of Housing and Residential Life/designee, Rm 320, J.C. Kellam. Any registered student organization or university department failing to comply with the provisions of this section shall be prohibited from further solicitations until compliance is made.
E. A booth (a table, a small tent, or enclosed kiosk temporarily installed for the purpose of engaging in solicitation) may be allowed only in the Campus Expression Area, the LBJ Memorial Student Center Mall, approved areas within the Student Center (a nominally daily rental fee will be charged for the use of space inside the Student Center for solicitation activities) or, in case of special activities, at other locations as designated solely within the discretion of the Dean of Students/designee. Activities in all booths must be conducted in a manner consistent with Section B above and in addition, must meet the following requirements:
- Each booth must meet fire and safety standards;
- No booth may be installed and maintained for more than five consecutive calendar days;
- Booths must be staffed by members of the sponsoring registered student organization or university department at all times;
- A sign identifying the sponsoring registered student organization or university department must be prominently displayed at all times;
- An approved permit must be displayed at the booth site by the sponsoring registered student organization, university department or approved vendor;
- The sponsoring registered student organization or university department is responsible for returning the area to its original condition at the conclusion of each day (e.g. pick up trash and any other litter in the area);
- All reservations are subject to a rotation around the Campus Expression Area, Mall and Paseo;
- Solicitation on campus is to benefit registered organizations and department compensation must be documented with a vendor agreement when an outside vendor is used.
- The Alumni Affairs credit card solicitation on campus is an approved activity of the Texas State Alumni Association. No other credit card companies will be approved to solicit on campus regardless of sponsorship;
- Any Lagniappe offered by a vendor on campus or any give-away offered in exchange for a purchase must be in good taste and must not promote the use or abuse of alcohol, tobacco or other drugs.
F. Raffles may be conducted by registered student organizations and campus departments as long as they are done in compliance with the Charitable Raffle Enabling Act (Art. 179f, Vernon’s Texas Civil Statutes) effective January 1, 1990:
- Either the local organization or the parent organization must present documentation certifying that the organization has obtained an exemption from federal income tax from the Internal Revenue Service under Section 501 (c), Internal Revenue Code of 1986.
- All proceeds from the sale of tickets must be spent for the charitable purposes of the organization.
- The qualified group or organization is limited to two raffles per calendar year and may not conduct more than one raffle at a time. This will be monitored by the Office of Student Center Services.
- The sponsoring organization may not promote the raffle through television, radio, newspaper, or other medium of mass communication by the use of paid advertising or promote or advertise statewide.
- The organization conducting the raffle may not compensate a person directly or indirectly for organizing or conducting a raffle or for selling or offering to sell tickets to the raffle. Persons who are not members of the organization may not sell or offer tickets to the raffle.
- The group or organization must have the prize in its possession or post bond for the full amount of the money value of such prize before raffle tickets are sold. The prize awarded at a raffle may not be money and the value of the prize may not exceed $25,000. The following must be printed on each raffle ticket sold or offered for sale:
a. The name of the organization conducting the raffle and the address of the organization or of a named officer of the organization;
b. The price of the ticket;
c. A general description of each prize that has a value of more than $10 and is to be awarded in the raffle.
G. Procedures for exceptions, appeals, and violation of this policy:
- The Dean of Students/designee has the authority to grant exceptions or variances to the provision of this policy to meet the exigencies of unusual circumstances. No person or organization may conduct any of the activities governed by this policy in variance to the policies stated herein without permission from the Dean of Students.
- If after a reasonable investigation, the Dean of Students/designee determines that a student or organization is soliciting in violation of this policy, he/she shall direct the violator to cease, and may refer the matter to the Director.