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TITLE 13CULTURAL RESOURCES
PART 8TEXAS FILM COMMISSION
CHAPTER 121TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM
RULE §121.16Texas-Based National Network Project

(a) A Feature Film or Television Program (excluding a Reality Television Project) designated by the Texas Film Commission (Commission) as a Texas-Based National Network Project may receive an additional 5% of total in-state spending.

(b) To be designated by the Commission as a Texas-Based National Network Project and therefore be eligible to receive an additional grant under this section, a project must meet the following requirements:

  (1) The project must be produced for broadcast on a Texas-Based Television Network (Network), as defined in subsection (c) of this section;

  (2) The project must have total eligible in-state spending of at least $3.5 million;

  (3) The project must integrate identifiable Texas locations into its script and the completed production;

  (4) The project must include a Network-produced, Commission-approved, full screen billboard or trailer located immediately following the project content and credits, lasting at least 5 seconds, which acknowledges that the project was produced in the State of Texas for the specified Network. The Commission may waive the requirement set forth in this paragraph for any broadcast of the project that takes place on the Network prior to the effective date of this section;

  (5) During each broadcast of the project on the Network, the Network must make at least 30 seconds of advertising time available for Commission-provided Texas promotional advertising (Texas Advertising) at no cost to the Commission. If any broadcast of the project takes place on the Network prior to the effective date of this section, advertising time of equal value must be made available on the Network for Texas Advertising at no cost to the Commission. A proposed advertising schedule must be submitted to the Commission in advance of each broadcast. The advertising time requirement set forth in this paragraph extends for 24 months from the date of first broadcast of the project; and

  (6) The first broadcast of the project must be on the Network for which it is initially produced. Notice of the date on which the first broadcast of the project takes place must be submitted to the Commission within 30 days of the date of first broadcast.

(c) For purposes of this section, a "Texas-Based Television Network" or "Network" is defined as a cable television network:

  (1) Whose production headquarters is located in the State of Texas;

  (2) Whose production headquarters is officially recognized by the Network as being located in the State of Texas;

  (3) Whose production headquarters contains pre-production, production, and post-production facilities;

  (4) Whose chief executive officer and at least one additional, full-time employee with an average annual gross compensation (excluding benefits) of at least $100,000 are employed at its production headquarters and are Texas Residents;

  (5) That produces at least one Feature Film or Television Program per calendar year at its production headquarters; and

  (6) That has at least 20 million subscribers at the time of the project's first broadcast, as reported in "Cable Household Universe Estimates" by Nielsen Media Research, carriage reports from multichannel video programming distributors, or other reliable third-party documentation acceptable to the Commission.

(d) Up to $3,000,000 of Texas Moving Image Industry Incentive Program funds may be used for awarding additional grants under this section.

(e) A project that receives an additional grant under this section is not eligible to receive any additional grant under §121.13 of this chapter.

(f) The purpose of this section is to promote the State of Texas and stimulate tourism in this state.

(g) To be eligible to receive additional grants under this section, an applicant must submit a Qualifying Application to the Commission for initial review under §121.9 of this chapter on or before September 1, 2015.


Source Note: The provisions of this §121.16 adopted to be effective May 28, 2014, 39 TexReg 3986

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