The following words and terms, when used in this Chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
(1) Applicant--
(A) For Feature Films, Television Programs, Visual
Effects Projects for Feature Films or Television Programs, Reality
Television Projects or Educational or Instructional Videos: either
the Production Company producing the project or the owner of the copyright.
(B) For Commercials or Visual Effects Projects for
Commercials: the Production Company, advertising agency, or client;
provided, however, that if an advertising agency or client applies
as the Applicant, but a Production Company expends the funds in the
state in connection with a project, then either a chain of downstream
payment from the Applicant to the Production Company or a production
services agreement must be evidenced in connection with the submission
of the Expended Budget.
(C) For Digital Interactive Media Productions: the
Production Company, game or content developer, or game publisher.
(2) Business Day--A day other than Saturday, Sunday,
or a Federal or State of Texas holiday.
(3) Cast--Actors paid by the Applicant to perform roles
in Texas, including, but not limited to, featured actors, extras,
stunt performers, voice-over talent, hosts, judges, announcers and
roles or performers that appear on a recurring basis, but excluding
talk show guests, game or contest show contestants, and litigants
and witnesses in courtroom reality programs.
(4) Commercial--A live-action or animated-production
advertisement, including, but not limited to, an individual advertisement,
more than one advertisement created in a contiguous production period
for the same client, a music video, or an infomercial that is made
for the purpose of promoting a product, service, or idea and is produced
for distribution via broadcast, cable, or any digital format, including,
but not limited to, cable, satellite, Internet, or mobile electronic
device.
(5) Crew--Independent contractors or employees paid
by the Applicant to perform work in Texas that are directly contracted
and credited for a specific position. An individual may work in more
than one position on a production. Executive producers and/or permanent
salaried employees of an Applicant who are listed on call sheets or
production reports but not paid Wages on the project other than producing
services, shall not be counted in Crew calculations for Texas Residency
purposes. Vendors serving a traditional crew function and providing
personal services, but who are paid as independent contractors rather
than through payroll, shall be counted in Crew calculations for Texas
Residency purposes and must provide a Declaration of Texas Residency
Form.
(6) Declaration of Texas Residency Form--A document
promulgated by the Texas Film Commission (Commission) to be utilized
by Applicants to prove the residency status of each Texas Resident
employee, contractor, Crew, or Cast member.
(7) Digital Interactive Media Production--Software
that provides a user or users with a game to play or other interactive
technology experience for the purpose of entertainment or education,
including for military or medical simulation training, and which is
created for a game console or platform, personal computer, handheld
console, or mobile electronic device used by a business or consumer
solely for bona fide amusement purposes as outlined in Section 47.01
of the Texas Penal Code.
(8) Educational or Instructional Video--An individual
live-action or animated production, or a contiguous series of more
than one live-action or animated production created for the same client,
that is produced for exhibition in an educational or instructional
setting.
(9) Episodic Television Series--A Television Program
consisting of multiple episodes of a single season.
(10) Expended Budget--The final verifying documentation
and worksheets submitted by an Applicant to the Commission at the
completion of a project that shows the total eligible in-state spending,
as defined in Section 485.021(1) of the Texas Government Code, and
includes all documentation considered by the Commission to be necessary
to show compliance with the requirements of the Texas Moving Image
Industry Incentive Program.
(11) Feature Film--Any live-action or animated for-profit
production, including narrative and documentary productions, that
is produced for distribution in theaters or via any digital format,
including, but not limited to, DVD, Internet, or mobile electronic
device.
(12) Filming Day--A day of Production as defined in
paragraph (18) of this section. When calculating 60% of Filming Days
for purposes of §121.3 of this Chapter, but not for purposes
of calculating 25% of Filming Days for purposes of §121.7 of
this Chapter, a Filming Day may include a traditional day of Production
in live-action or digital media, as well as a concurrent day of Production
conducted by a second unit, so long as:
(A) such second unit, is not a splinter unit, but is
utilized for a bona fide, production-related purpose and would be
recognized by the Directors Guild of America as a second unit; and
(B) a call sheet, and production report, for such day
is circulated and executed in connection with the activities of such
second unit. Any bona fide, second unit day shall be added to both
the numerator of Texas days and the denominator of total days for
purposes of calculating 60% of Filming Days for purposes of §121.3
of this Chapter.
(13) Man Hours--A unit of one hour's work by one person.
(14) Physical Production--The period encompassing Pre-Production,
Production, and Postproduction.
(15) Postproduction--The period that occurs after the
end of Production, including but not limited to, animation, bug-fixing,
codebase completion, compositing, editing, lighting, music, patch-creation,
sound, testing, and visual effects.
(16) Pre-Production--The period that occurs before
the start of Production, including, but not limited to, casting actors,
estimating budgets, mechanics, scouting locations, and testing story.
(17) Principal Start Date--
(A) For a live-action Feature Film, Television Program,
Reality Television Project, Educational or Instructional Video, or
Commercial project: the first day of principal photography.
(B) For a Digital Interactive Media Production, Visual
Effects Project or animated project: the first day of asset creation
(i.e., character or environment modeling and/or rigging).
(18) Production--
(A) For a live-action Feature Film, Television Program,
Reality Television Project, Educational or Instructional Video or
Commercial project: the period starting the first day of principal
photography through the last day of principal photography.
(B) For a Digital Interactive Media Production, Visual
Effects Project or animated project: the period starting the first
day of asset creation or commencement of layout (i.e., character or
environment modeling and/or rigging) through the last day of animation,
code freeze, and/or final layout.
(19) Production Company--A company that engages in
any of the activities included in Physical Production for a Feature
Film, Television Program, Reality Television Project, Educational
or Instructional Video, Commercial project, or Digital Interactive
Media Production.
(20) Reality Series--A Reality Television Project consisting
of multiple episodes of a single season.
(21) Reality Television Project--A live-action, for-profit
production based upon unscripted content, including, but not limited
to, a Reality Series, a contest or game show (to include individual
episodes), or a talk show (to include individual episodes), that is
produced for distribution via broadcast, cable, or any digital format,
including, but not limited to, satellite, Internet, or mobile electronic
device.
(22) Television Program--An episodic live-action or
animated for-profit production that is produced in a narrative or
documentary style, including, but not limited to, a television series,
miniseries, limited series, television movie, television pilot, television
episode, or a musical performance that is produced for distribution
via broadcast, cable, or any digital format, including, but not limited
to, satellite, Internet, or mobile electronic device (including a
short narrative or documentary episode or series of episodes distributed
initially as streamed content).
(23) Texas Heritage Project--A Feature Film or Television
Program (excluding a Reality Television Project), that promotes or
documents Texas's diverse cultural, historical, natural or man-made
resources, and that meets the requirements established in §121.13
of this Chapter (relating to Texas Heritage Project).
(24) Texas Resident--An individual who is a permanent
resident of Texas for at least 120 days prior to the Principal Start
Date of the project and who has completed a Declaration of Texas Residency
Form.
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