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TITLE 13CULTURAL RESOURCES
PART 8TEXAS FILM COMMISSION
CHAPTER 121TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM
RULE §121.2Definitions

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, a chain of downstream payment from the Applicant to the Production Company actually expending the funds must be evidenced in connection with the submission of the Expended Budget.

    (C) For Digital Interactive Media Productions, the game developer or game publisher.

  (2) Business Day--A day other than Saturday, Sunday or a legal Federal 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, Reality Series participants, documentary subjects or interviewees, musicians performing as part of a music performance production, and litigants and witnesses in courtroom reality programs.

  (4) Commercial--Any live-action or animated production; that is an individual Commercial, more than one Commercial created in a contiguous production period for the same client or music video or infomercial that is made for the purpose of entertaining or 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--Workers paid by the Applicant to perform work in Texas that is directly contracted and credited for a specific position, but excluding musicians performing as part of a music performance production. An individual may work in more than one position on a production. Executive Producers and/or permanent salaried employees of an Applicant for a Commercial project listed on call sheets or production reports, but not paid Wages and do not perform services 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 paid as independent contractors rather than through payroll, will be counted in Texas Residency Crew calculations and should 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 in order to prove the residency status of each Texas Resident Crew or Cast member.

  (7) Digital Interactive Media Production--Software that provides a user or users with a game to play for the purpose of entertainment or education, including for military or medical simulation training, and which is created for a game console, personal computer, handheld console, mobile electronic machine or an electronic device used by a business or consumer solely for bona fide amusement purposes that rewards the player exclusively with non-cash merchandise prizes or a representation of value redeemable for those items, as outlined in Texas Penal Code, §47.01.

  (8) Educational or Instructional Video--Any individual live action or animated production or a contiguous series of more than one production created for the same client 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 submitted by an Applicant to the Commission at the completion of a project that shows the total eligible in-state spending 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, narrative or documentary 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 (17) of this section. For purposes of 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 "day" may include not only a traditional "day" of Production, but also 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 such 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) Physical Production--The period encompassing Pre-Production, Production, and Postproduction.

  (14) Postproduction--The period of Physical Production that occurs after the end of Production, as defined in paragraph (17) of this section; including but not limited to, editing, music, sound, visual effects and animation.

  (15) Pre-Production--The period of Physical Production that occurs before the start of Production as defined in paragraph (17) of this section.

  (16) Principal Start Date--

    (A) For a live action Feature Film, Television Program, Reality Television Project, Educational or Instructional Video or Commercial project, this is the first day of principal photography.

    (B) For a Digital Interactive Media Production, Visual Effects Project or animated project, this is the first day of Production.

  (17) Production--

    (A) For a live action Feature Film, Television Program, Reality Television Project, Educational or Instructional Video or Commercial project, this is the period of Physical Production between the first and last days of principal photography, inclusive.

    (B) For a Digital Interactive Media Production, Visual Effects Project or animated project, this is the period of Physical Production between the end of Pre-Production and the completion of the project.

  (18) Production Company--A film production company, television production company, Digital Interactive Media Production developer, commercial production company, visual effects company, animation production company or postproduction company.

  (19) Qualifying Application--A Qualifying Application has the meaning provided in §121.8(a)(1) of this chapter.

  (20) Reality Series--A Reality Television Project consisting of multiple episodes of a single season.

  (21) Reality Television Project--Any 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 and mobile electronic device.

  (22) Television Program--Any live-action or animated for-profit production, narrative or documentary, including, but not limited to, an Episodic Television Series, a miniseries, a television movie, a television pilot, a television episode, an interstitial Television Program, or a musical performance more than 30 minutes in length that is produced for distribution via broadcast, cable or any digital format, including, but not limited to, satellite, Internet and mobile electronic device (including a short episode or series of episodes, either narrative or documentary, that is distributed initially as an Internet download or stream).

  (23) Texas Heritage Project--A Feature Film or Television Program (excluding a Reality Television Project), that promotes or documents Texas' diverse cultural, historical, natural or man-made resources as determined in accordance with §121.13 of this chapter.

  (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.

  (25) Underutilized and Economically Distressed Area--

    (A) Underutilized Area--An area of the state that receives less than 15% of the total film and television production in the state during a fiscal year as determined by the Commission. Areas determined by the Commission to receive in excess of 15% of the total film and television production in the state will be deemed to include the area within a thirty mile radius from that area's largest municipality's city hall.

    (B) Economically Distressed Area--An area within the above-determined thirty mile radius where the median household income does not exceed 75% of the median household income as determined by the Texas State Data Center, University of Texas San Antonio.

  (26) Visual Effects Project--A self-contained production whereby computer generated images are created or manipulated to integrate with live-action footage of a Feature Film, Television Program, Educational or Instructional Video, or Commercial.

  (27) Wages--Compensation paid to an individual for work performed. Payment methods may include, but are not limited to, direct payments, payments through an agent or agency, payments through a loan-out company or payments through a payroll service. Wages may include, but are not limited to, gross wages, per diems (if signed for by the recipient), employer paid Social Security (Old Age, Survivors, and Disability Insurance (OASDI)) payments, employer paid Medicare (MEDI) payments, employer paid Federal Unemployment Insurance (FUI) payments, employer paid Texas State Unemployment Insurance (SUI) payments, employer paid pension, health and welfare payments and employer paid vacation and holiday pay. Only the first $1,000,000 in aggregate wages and/or compensation per person will constitute eligible Wage expenditures.


Source Note: The provisions of this §121.2 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective August 5, 2012, 37 TexReg 5737; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399

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