| (a) A project may be eligible for a grant under the
Texas Moving Image Industry Incentive Program if it meets the stated
minimum requirements listed in Subsections (b) - (h) of this Section,
is appropriate in content, and represents a potential economic impact
in Texas, as assessed in §121.9(c)(3) of this Chapter, that is
sufficient to justify acceptance in the program.
(b) Feature Films.
(1) Feature Film Applicants must expend a minimum of
$250,000 in in-state spending.
(2) Applicants must film at least 60% of a project
in Texas. Applicants must fulfill this requirement by:
(A) completing at least 60% of Filming Days in Texas;
or
(B) if the Texas Film Commission (Commission) provides
prior written approval:
(i) completing at least 60% of the total project Man
Hours in Texas; or
(ii) having at least 60% of the actual locations used
and paid for, not including basecamps, in Texas.
(3) Except as provided in paragraph (4) of this Subsection,
55% of the Crew paid by the Applicant and 55% of the Cast paid by
the Applicant, including extras, must be Texas Residents, unless it
is determined and certified by the Commission in writing that a sufficient
number of qualified Crew and Cast, including extras, are not available
and every effort has been made by the production to meet the requirement
by the Principal Start Date.
(4) For animated or documentary Feature Films, 55%
of the combined total of Crew and Cast paid by the Applicant, including
extras, must be Texas Residents, unless it is determined and certified
by the Commission in writing that qualified Crew and Cast are not
available and every effort has been made by the production to meet
the requirement by the Principal Start Date.
(c) Television Programs.
(1) Television Program Applicants must expend a minimum
of $250,000 in in-state spending.
(2) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(A) completing at least 60% of the total Man Hours
in Texas; or
(B) at least 60% of the actual locations used and paid
for, not including basecamps, being located in Texas.
(3) Except as provided in paragraph (4) of this Subsection,
55% of the Crew paid by the Applicant and 55% of the Cast paid by
the Applicant, including extras, must be Texas Residents, unless it
is determined and certified by the Commission in writing that a sufficient
number of qualified Crew and Cast, including extras, are not available
and every effort has been made by the production to meet the requirement
by the Principal Start Date.
(4) For animated or documentary Television Programs,
55% of the combined total of Crew and Cast paid by the Applicant,
including extras, must be Texas Residents, unless it is determined
and certified by the Commission in writing that qualified Crew and
Cast are not available and every effort has been made by the production
to meet the requirement by the Principal Start Date.
(d) Reality Television Projects.
(1) Reality Television Project Applicants must expend
a minimum of $250,000 in in-state spending.
(2) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(A) completing at least 60% of the total Man Hours
in Texas; or
(B) at least 60% of the actual locations used and paid
for, not including basecamps, being located in Texas.
(3) 55% of the combined total of Crew and Cast paid
by the Applicant, including extras, must be Texas Residents, unless
it is determined and certified by the Commission in writing that a
sufficient number of qualified Crew and Cast, including extras, are
not available and every effort has been made by the production to
meet the requirement by the Principal Start Date.
(e) Commercials.
(1) Commercial Applicants must expend a minimum of
$100,000 in in-state spending.
(2) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(A) completing at least 60% of the total Man Hours
in Texas; or
(B) at least 60% of the actual locations used and paid
for, not including basecamps, being located in Texas.
(3) 55% of the combined total of Crew and Cast paid
by the Applicant, including extras, must be Texas Residents, unless
it is determined and certified by the Commission in writing that a
sufficient number of qualified Crew and Cast, including extras, are
not available and every effort has been made by the production to
meet the requirement by the Principal Start Date.
(f) Digital Interactive Media Productions.
(1) Digital Interactive Media Production Applicants
must expend a minimum of $100,000 in in-state spending.
(2) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(A) completing at least 60% of the total Man Hours
in Texas; or
(B) at least 60% of the actual locations used and paid
for, not including basecamps, being located in Texas.
(3) 55% of the combined total of Crew and Cast paid
by the Applicant must be Texas Residents, unless it is determined
and certified by the Commission in writing that qualified Crew and
Cast are not available and every effort has been made by the production
to meet the requirement by the Principal Start Date.
(g) Educational or Instructional Videos.
(1) Educational or Instructional Video Applicants must
expend a minimum of $100,000 in in-state spending.
(2) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(A) completing at least 60% of the total Man Hours
in Texas; or
(B) at least 60% of the actual locations used and paid
for, not including basecamps, being located in Texas.
(3) 55% of the combined total of Crew and Cast paid
by the Applicant, including extras, must be Texas Residents, unless
it is determined and certified by the Commission in writing that qualified
Crew and Cast are not available and every effort has been made by
the production to meet the requirement by the Principal Start Date.
(h) Visual Effects Projects.
(1) Visual Effect Project for a Feature Film or Television
Program:
(A) Applicants must expend a minimum of $250,000 in
in-state spending.
(B) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(i) completing at least 60% of the total Man Hours
in Texas; or
(ii) at least 60% of the actual locations used and
paid for, not including basecamps, being located in Texas.
(C) 55% of the Crew paid by the Applicant and 55% of
the Cast paid by the Applicant, including extras, must be Texas Residents,
unless it is determined and certified by the Commission in writing
that a sufficient number of qualified Crew and Cast, including extras,
are not available and every effort has been made by the production
to meet the requirement by the Principal Start Date.
(2) Visual Effect Project for an Educational or Instruction
Video or Commercial:
(A) Applicants must expend a minimum of $100,000 in
in-state spending.
(B) 60% of the project must be filmed in Texas. This
must be fulfilled by completing at least 60% of the Filming Days in
Texas, or, if permitted by the Commission in its sole discretion:
(i) completing at least 60% of the total Man Hours
in Texas; or
(ii) at least 60% of the actual locations used and
paid for, not including basecamps, being located in Texas.
(C) 55% of the combined total of Crew and Cast paid
by the Applicant, including extras, must be Texas Residents, unless
it is determined and certified by the Commission in writing that a
sufficient number of qualified Crew and Cast, including extras, are
not available and every effort has been made by the production to
meet the requirement by the Principal Start Date.
|
| Source Note: The provisions of this §121.3 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 1, 2010, 35 TexReg 6519; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective January 1, 2012, 36 TexReg 8818; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484; amended to be effective September 3, 2023, 48 TexReg 4850 |
