Permissible Solicitation Activities Guidelines
The following solicitation activities are permissible on property or in any building, structure or facility owned or controlled by the university. While these activities are permissible, they must be approved by the Vice-President and Chief Auxiliary Enterprises Officer at least two weeks before promoting the event or commencing the activity (http://www.uthouston.edu/auxiliary-enterprises/forms/).
Newspapers and Magazines: The distribution, sale or offer for sale of a newspaper, magazine or other publication by means of an unattended rack or vending machine in area(s) designated in advance by the President or designee for the conduct of such activity.
Food and Drink: The sale or offer for sale of food, drink or any other product that may be lawfully sold by means of a vending machine operated by the university or a subcontractor, under an approved written agreement, in an area designated in advance by the President or designee.
Publications: The sale or offer for sale by the university or a subcontractor, under an approved written agreement, of any University of Texas System publication or of any book or other printed material to be used in the regular academic work of the university. All such publications should be sold through the university bookstore.
Services: Any service or offering of services and related products by a third party or The University of Texas System and/or the university on behalf of a third party (“Third Party Service Offering”) established and maintained primarily for the convenience of students, employees or patients. Such Third Party Service Offering must be established and maintained pursuant to a written agreement between the third party and the university and such written agreement must:
clearly set forth the nature and scope of the solicitation activities the third party is permitted to make on university property and prohibit any solicitation activities not specifically enumerated in such written agreement;
specify the duration of the agreement with defined renewal procedures and periods;
include appropriate provisions to protect the privacy of students, employees and patients; and,
require compliance with HOOP Policy 165 Solicitation on Campus.
Sale of Items at Events: The sale or offer for sale by the university or a subcontractor, under an approved written agreement, of food, drink, souvenirs, novelty items and programs at programs or events sponsored or authorized by the university.
Collections and Sales by University Organizations: The collection of contributions or the sale of merchandise, publications, food or nonalcoholic beverages by the Student InterCouncil or by a registered student or employee organization. The Student InterCouncil or a registered student or employee organization may not conduct such solicitation activities on behalf of or for the benefit of any individual, association, organization, corporation or group of individuals that is not registered as a student or employee organization or that is not qualified under the criteria listed below for 501(c)(3) organizations to conduct solicitation. In the case of specific drives for disaster relief, the Vice President and Chief Auxiliary Enterprises Officer may approve a drive that complies with all other requirements of HOOP Policy 165 Solicitation on Campus and Rule 80103 of The University of Texas System Board of Regents. Texas law allows a registered student organization to be relieved from State sales tax liability in certain circumstances detailed in HOOP Policy 110 Employee or Student Organizations. The items offered for sale may not be items the organization has obtained on consignment.
Collections of Fees or Dues: The collection of membership fees or dues by registered student or employee organizations at meetings of such organizations scheduled in accordance with HOOP Policy 11 Use of University Facilities or HOOP 211 Special Use Facilities.
Admission Fees: The collection of admission fees for the exhibition of movies or for other programs sponsored or presented by the university. If scheduled in accordance with university policy, the collection of admission fees for the exhibition of movies or other programs presented by the Student InterCouncil or by a registered student or employee organization.
501(c)(3) Organizations: Solicitation of funds by any organization that can present to the President or designee written evidence from the Internal Revenue Service that the organization has been granted an exemption from taxation under Internal Revenue Code Section 501(c)(3). Such solicitation must be conducted in an area(s) designated for that purpose by the Executive Vice President, Chief Operating and Financial Officer or designee. (Refer to HOOP Policy 174 Speech and Assembly.) Persons soliciting on behalf of an organization must have credentials identifying them as authorized agents of the organization. Permission to solicit shall not be used by the organization as an endorsement by the university. No organization may solicit under this subdivision for more than a total of 14 days, whether continuous or intermittent, during each fiscal year.
Goods and Services for University Housing: Occasional sales or offers of sales of goods or services that comply with applicable federal, state, and local laws and regulations and are conducted solely for the resident(s) of an individual apartment when a resident of such apartment has given specific invitation in advance for salespersons to come to the individual apartment for that purpose. This exception does not authorize sales or offers of sales of goods or services within an apartment by the occupant, door-to-door sales or offers of sales of goods or services, or sales or offers of sales of goods or services to persons who are present in an individual apartment but are not residents of such apartment.
Advertisement in Athletic Facilities: An advertisement announced over a public address system, displayed on a scoreboard or electronic message center or displayed by other means in athletic facilities at locations designated for that purpose pursuant to an approved policy of the university.
Electronic Message Center: Advertising displayed on an outdoor electronic marquee or message center owned and operated by the university.
Raffle Tickets: The sale or offer for sale by a registered student organization of charitable raffle tickets on behalf of an organization authorized to conduct a charitable raffle under state law. Such organizations include qualified religious societies, qualified volunteer fire departments, qualified volunteer emergency medical services, and qualified nonprofit organizations. For questions regarding if an organization is authorized to conduct a charitable raffle under state law, contact the Office of Legal Affairs.
Computer Hardware and Software: The display and demonstration by manufacturers and distributors of personal computer hardware and software suitable for use by students and employees in the academic programs of the university and the presentation of information and demonstrations related to remote networks for personal computers by entities that provide access to such networks. Such activities may be conducted once each academic year upon invitation by the President or designee and must be limited to the time and place designated by and under guidelines specified and controlled by the university. A manufacturer or distributor of personal computer hardware or software or an entity that provides access to remote networks for personal computers may not make sales or take orders.
Benefit Plan Information: The distribution or presentation to employees of material related to health benefit plans, life insurance, tax sheltered annuities, retirement plans or programs, or other benefits available to such employees through employee benefit plans or programs offered by or approved by The University of Texas System or the university. Such material may be distributed or presented only after written approval has been received from the Benefits department and only at the Benefits department, or at meetings scheduled for that purpose pursuant to guidelines established by The University of Texas System Office of Human Resources. Those companies currently authorized as Optional Retirement Program (“ORP”) vendors, may at the invitation of The University of Texas System or the university, be permitted to engage in on-campus group seminars for the purpose of providing education, product marketing, and participation enrollment, subject to such rules and limitations as The University of Texas System may deem necessary and appropriate. Currently authorized ORP vendors may advertise such on-campus meetings throughout the university, subject to prior approval by the Vice President and Chief Auxiliary Enterprises Officer. The term “currently authorized Optional Retirement Program vendor” means a company that has a current contractual agreement with The University of Texas System to provide ORP products to officers and employees, but does not include those companies with grandfathered ORP participation or vendors of Tax Sheltered Annuity products or services.
Employees: Solicitation by the employees of the university acting in the course and scope of their authority.
Employee Discount Programs: The distribution or presentation to employees of material related to products and services offered by companies that provide employee discount programs, merchandise membership programs, credit union and banking programs, or other benefits available to such employees through discount plans or programs approved by The University of Texas System or the university. Such material may be distributed or presented by UT Counseling and WorkLife Services, with the approval of the President, and placed on university web pages for the purpose of providing education, product and service information, and participation enrollment, in accordance with UT System Policy 122 – Guidelines for Web Site Solicitations.
Printed Material from University Organizations: Subject to HOOP Policy 174 Speech and Assembly, the distribution, sale, or display by the Student InterCouncil or a registered student or employee organization of printed material (including any newspaper, magazine, or other publication, any leaflet, flyer, or other informal matter or any sign, banner, or exhibit), or the distribution or display or such material at no cost, by individual students or employees, the Student InterCouncil, or a registered student or employee organization. A publication within this rule may contain paid advertising, but only if the publication is devoted to promoting the views of a not-for-profit organization or to other bona fide editorial content distinct from the advertising. Printed material and oral statements under this rule may also contain advertising for academic or administrative units of The University of Texas System or the university, for registered student or employee organizations, or for organizations not operated for profit. No other form of advertising is authorized. This rule does not authorize distribution, sale, or display of any publication operated for profit. An organization or publication is operated for profit if any part of the net earnings of its operation or distribution inures to the benefit of any private shareholder or individual.
Commonly Used Services: The display and distribution of printed material from tables or booths by providers of services that are commonly used by students and employees, such as financial institutions, long-distance telephone carriers, utilities, housing locators, printers and duplicators, tutors, text or scientific book publishers, or employment agencies. The President or designee may designate no more than two one-day periods each academic year during which all authorized providers may engage in such activities in an area selected by the university. The number of providers authorized to participate on each of the two one-day periods will be determined by the university. The activities of a provider must be limited to the time and place designated by the university and must be conducted in compliance with State law and HOOP Policy 165 Solicitation on Campus. A provider may not make sales of or take orders for services. The university shall charge an appropriate fee for the privilege of conducting such activities. A provider who violates State law, the Regents' Rules and Regulations or university policy in the course of such activities or who has violated State law, a provision of the Regents' Rules and Regulations or university policy during the twelve-month period preceding a day designated by the university for activities authorized by this subdivision will not be permitted to participate in such activities.
Elections: In the course of an election process held pursuant to the approved bylaws of the Interfaculty Council, the Student InterCouncil, the approved bylaws of the school faculty organizations or the University Classified Staff Council, or any other election held pursuant to the approved rules, regulations, or policies of the university, requests may be made to support or to vote for or against a qualified candidate for an office or position to be filled at such election or to support or to vote for or against a proposition to be decided at such election. Such request may be made only by the candidates for an office or position; by a registered student or employee organization and its members; or by a student or employee. Individuals and organizations making such requests must conduct all activities in compliance with HOOP Policy 174 Speech and Assembly; the bylaws authorizing such election; and HOOP Policy 165 Solicitation on Campus. No employee may engage in such activities during any period he or she is being paid to perform services for the university.
Support of a Candidate or Proposition: The request to support or to vote for or against a candidate for an elective position or office or for or against a proposition on a ballot for a public election held pursuant to federal, state or local laws when such request is made by a registered student or employee organization or by a student or employee. Persons or organizations must conduct such activities in compliance with HOOP Policy 165 Solicitation on Campus; HOOP Policy 174 Speech and Assembly; federal, state or local laws governing such election; and may not use any equipment, supplies or services of the university. No employee may engage in such activities during any period that he or she is paid to perform duties for the university. No registered student or employee organization that receives state funds from any source may engage in such activities.
Web Page Link: The placement on a university web page of textual and graphic information and a hypertext link to the web site of a person or commercial entity for which The University of Texas System or the university may receive revenue or avoid costs as a result of the permitted solicitation (“Web Site Solicitation”). A university web page is a page created or maintained by or on behalf of the university or an office, department, or division of the university, and located within the university’s information technology environment. Web Site Solicitations shall be placed on university web pages in accordance with UT System Policy 122 – Guidelines for Web Site Solicitations.