Department Guidelines For DPS Insignia Approval
Following are working guidelines for seeking approval of the reproduction and use of DPS insignia. The guidelines are pursuant to Section 411.017, Texas Government Code, which grants the DPS Director regulatory authority over items bearing DPS insignia. To request permission from DPS to create a replica, you need to submit a letter and description or facsimile of the item and a description of the purpose for creating the replica. The Department will then review the request and submit a written response.
- Written request should include:
- Written description or facsimile of product to be produced (self-addressed stamped envelope for return of item)
- Identify market
- Identify use of product
- Location of item
- Time frame for use if applicable.
Mail request to the following:
Texas Department of Public Safety
Office of General Counsel
Attn: Insignia Request
P.O. Box 4087
Austin, Texas 78773-0140
- No item will be approved if it creates an appearance that it is an official object of the Department unless there is a legitimate Department use for the item.
1Texas Government Code § 411.017. Unauthorized Acts Involving Department Name, Insignia, or Division Name
A person commits an offense if, without the director's authorization, the person:
- Manufactures, sells, or possesses a badge, identification card, or other item bearing a department insignia or an insignia deceptively similar to the department's;
- Makes a copy or likeness of a badge, identification card, or department insignia, with intent to use or allow another to use the copy or likeness to produce an item bearing the department insignia or an insignia deceptively similar to the department's; or
- Uses the term "Texas Department of Public Safety," "Department of Public Safety," "Texas Ranger," or "Texas Highway Patrol" in connection with an object, with the intent to create the appearance that the object belongs to or is being used by the department.
In this section, "department insignia" means an insignia or design prescribed by the director for use by officers and employees of the department in connection with their official activities. An insignia is deceptively similar to the department's if it is not prescribed by the department but a reasonable person would presume that it was prescribed by the department.
A district or county court, on application of the attorney general or of the district attorney or prosecuting attorney performing the duties of district attorney for the district in which the court is located, may enjoin a violation or threatened violation of this section on a showing that a violation has occurred or is likely to occur.
It is an affirmative defense to a prosecution under this section that the object is used exclusively:
- For decorative purposes, maintained or preserved in a decorative state, and not offered for sale; or
- In an artistic or dramatic presentation, and before the use of the object the producer of the presentation notifies the director in writing of the intended use, the location where the use will occur, and the period during which the use will occur.
An offense under this section is a Class A misdemeanor, unless the object is shipped by United States mail or by any type of commercial carrier from a point outside the State of Texas to a point inside the state if the shipper or his agent has been sent notification by registered United States mail of this section prior to the shipment, in which event the offense is a felony of the third degree.