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Policy and Procedure Statements

UPPS 07.04.03 - Solicitation on University Property

Solicitation on University Property

UPPS No. 07.04.03
Issue No. 12
Effective Date: 8/01/2025
Next Review Date: 12/01/2030 (E5Y)
Sr. Reviewer: Assistant Vice President and Executive Director of Student Involvement and Engagement

POLICY STATEMENT

Texas State University is committed to maintaining a safe, respectful, and disruption-free learning environment by regulating solicitation on university property.

  1. SCOPE

    1. The purpose of this policy is to establish Texas State University’s rules and regulations regarding solicitation on university-owned property.

    2. To enhance the overall educational quality of life at Texas State and protect the financial resources of the institution, the university contracts with private vendors to provide services to students, faculty, and staff. By contractual agreement, the university is required to regulate the sale of goods and services on campus that may be in conflict or competition with established contracts or vendors.

  2. DEFINITIONS

    1. Limited Public Forum – exists where a government has intentionally reserved a forum only for certain groups or for the discussion of certain topics.

    2. Non-Public Forums – includes the inside of buildings or outdoor classrooms, field-based research sites, educational teaching areas, and outdoor space that is used for dedicated Texas State business or an event.

    3. Solicitation – as defined by The Texas State University System (TSUS) Rules and Regulations, Chapter VII, Section 1:

      1. the sale or offer for sale of any property, goods, products or services; or

      2. the receipt of or request for any gift or contribution.

    4. Traditional Public Forum – includes the common outdoor areas owned or leased by the university that are available without the need for reservation or prior approval for an expressive activity whether planned or spontaneous.

  3. PERMITTED SOLICITATION

    1. Solicitation on campus is prohibited, except for activities outlined in TSUS Rules and Regulations, Chapter VII, Section 1. The following are permitted solicitation activities that pertain to the scope of this university policy and procedures statement:

      1. the sale or offer for sale of food, drink, and other items in designated areas;

      2. the collection by registered student, faculty, or staff organizations of membership fees or dues;

      3. fees or contributions for the exhibition of movies or other programs, including fine arts and athletic events sponsored by the university or by such organizations;

      4. approved nondiscriminatory activities on behalf of charitable organizations; and

      5. events sponsored by a registered student, faculty, or staff organization or the university that are authorized and scheduled per the university’s facilities-use regulations.

  4. PROCEDURES FOR SOLICITATION

    1. The sponsoring department or group must initiate a request for approval by submitting a Solicitation Request form at least 10 university business days prior to the first day of the scheduled solicitation

      1. Requests on the Round Rock campus will be reviewed by the Round Rock Office of Student Success.

      2. Requests made for solicitation on the San Marcos campus and other university-owned property will be reviewed by the department of Student Involvement and Engagement.

    2. All signs, tickets, and literature advertising for solicitation activity must identify the sponsoring organization. The university may require that members of the sponsoring organization solicit directly and may prevent organizations from using nonmembers to fund-raise or solicit for the organization.

    3. Non-University Vendors

      A Texas State department or student organization may request to sponsor a non-university vendor soliciting on campus under the following parameters:

      1. The Texas State sponsor must complete all required forms.

      2. Requests will be reviewed to ensure that the vendor meets compliance standards as established by federal, state, and local laws and university policies.

      3. The request must not violate existing university contractual relationships. The Texas State sponsor shall be physically present with the vendor while they are on campus.

      4. Unrestricted use by outside groups of any university facilities and grounds is not permitted.

    4. Charity Drives and Philanthropic Activities

      All charity and welfare drives must be sponsored by a registered student organization or university department and are subject to the same guidelines as other solicitations on campus. Registered student organizations and departments conducting charity drives and/or philanthropic activities must complete all required forms.

    5. Approved solicitation must be conducted in a manner that will not:

      1. interfere with academic or other institutional programs that are carried out in campus facilities;

      2. interfere with the free and unimpeded flow of vehicular or pedestrian traffic on sidewalks and streets and at places of ingress and egress to and from campus buildings;

      3. harass the person or persons being solicited;

      4. 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;

      5. litter or deface the campus grounds (e.g., such as chalking, graffiti, flyers in unapproved locations); or

      6. promote the violation of local, state, or federal law, published university policy, or The TSUS Rules and Regulations.

    6. Detailed information regarding procedures for solicitation on campus, including how to request approvals, can be found on the Student Involvement and Engagement – Campus Access website.

  5. COMMERCIAL SPEECH

    1. Commercial speech, which includes advertisement and promotion of products or services, is protected by the First Amendment. The university cannot limit any seller’s right to advertise or promote products or services (including price information) in “traditional public forums” or “designated public forums” (also see UPPS No. 07.04.01, Expressive Activities Policy). The university can regulate advertising and promotional speech in these forums that is false, misleading, or offering illegal goods or services.

    2. The university can limit and/or prohibit vendors from advertising or promoting products and services in “limited public forums” and “non-public forums.” The university can limit and/or prohibit a seller from engaging in transactions in any forum by requiring adherence to established university policies and procedures.

  6. CONDUCTING RAFFLES ON CAMPUS

    1. The State of Texas Charitable Raffle Enabling Act identifies groups that are authorized to conduct raffles on campus.

    2. Groups seeking approval to conduct raffles must meet with Student Involvement and Engagement or with Student Success at Round Rock at least 10 university business days prior to requested dates to review State of Texas and university policies and procedures related to conducting raffles. Student Involvement and Engagement or Student Success at Round Rock can approve raffles for groups that qualify. More information about conducting raffles can be found on the Student Involvement and Engagement - Campus Access website.

  7. EXCEPTIONS, APPEALS, AND VIOLATIONS

    1. Student Involvement and Engagement or Student Success at Round Rock, or designees, have the authority to grant exceptions or variances to the provisions of this policy in line with existing university contractual relationships.

    2. A student representative of the organization or a representative of a university department may appeal a decision regarding a solicitation request to the appropriate associate or assistant vice president for Student Success.

    3. Any registered student organization or university department failing to comply with the provisions of this policy may be prohibited from further solicitation.

  8. RELATED STATUTES, POLICIES, OR REQUIREMENT

    1. State of Texas Executive Order GA-48

    2. 2019 National Defense Authorization Act (NDAA)

    3. Charitable Raffle Enabling Act (Art. 179F. Vernon’s Texas Civil Statutes)

    4. Section 501(c), Internal Revenue Code

    5. TSUS Rules and Regulations

    6. Student Involvement and Engagement – Campus Access Website

    7. UPPS No. 03.06.01, Off-Campus Solicitation by Registered Student Organizations

    8. UPPS No. 04.05.02, Tobacco and Smoking Policy

    9. UPPS No. 05.03.02, Catered and External Food Vendors Policy

    10. UPPS No. 07.04.01, Expressive Activities Policy

  9. REVIEWERS OF THIS UPPS

    1. Reviewers of this UPPS include the following:

      PositionDate
      Assistant Vice President for Student Success, Executive Director of Student Involvement and EngagementDecember 1 E5Y
      Associate Vice President for Student Success and Chief of StaffDecember 1 E5Y
      Director, LBJ Student CenterDecember 1 E5Y
      Director of Round Rock Student SuccessDecember 1 E5Y
      Vice President for University AdvancementDecember 1 E5Y
      Director of Environmental, Health, Safety, Risk and Emergency ManagementDecember 1 E5Y

  10. CERTIFICATION STATEMENT

    This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

    Assistant Vice President for Student Success, Executive Director of Student Involvement and Engagement; senior reviewer of this UPPS

    Vice President for Student Success

    President