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RULE §122.2Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Actual costs--The costs incurred during production activity that have not already been paid for by the production company prior to the activity.

  (2) Applicant--The entity coordinating locations for the Production Company, who acts as the representative of the Production Company for the locations.

  (3) Certificate of liability insurance--The paper record showing that the Production Company has purchased insurance, the amount insured for, and who is insured under the policy. Each Certificate of liability insurance furnished by a Production Company pursuant to this chapter shall reflect the coverage amounts required by the desired location, but such coverage amounts shall in no event be lower than the following (unless waived in writing by the Texas Film Commission in any particular respect): $1 million in Commercial General Liability, including bodily injury and property damage with $1 million of umbrella coverage, $1 million Automobile Liability including bodily injury and property damage, plus Workers' Compensation coverage in accordance with statutory limits and employers' liability with limits of $100,000 bodily injury for each accident, $100,000 bodily injury by disease and $500,000 policy limit covering all personnel who provide services. In the event that the Production Company is self-insured for Workers' Compensation coverage, it can provide written documentation of this fact on its letterhead, signed by an officer. Each policy must include a waiver of subrogation, unless waived in writing by the Texas Film Commission.

  (4) Commercials--Either an individual commercial, series of commercials, music video, infomercial, interstitial, or still shoot, that is made for the purpose of promoting a product, service, or idea.

  (5) Desired location--The building or grounds that a production company is applying to use.

  (6) Episodic television--A project, either narrative or documentary, consisting of a series of installments usually following the same story arc that is intended for distribution via broadcast or digital distribution via cable, satellite, the internet, or mobile electronic device.

  (7) Film--Either a narrative or documentary project intended for distribution in theaters or by DVD, internet, or mobile electronic device.

  (8) Filming days--The phase of the project during which the content is recorded.

  (9) Fiscal year--The period between September 1st and August 31st of the next calendar year.

  (10) In-state spending--The amount of money spent by a production company in Texas during all stages of the project.

  (11) Licensing Fee--An amount charged to the Applicant for the use of the state property's likeness and image.

  (12) Location--A building or ground where production activity will take place.

  (13) Location fee--An amount charged to the Applicant for each day production activity occurs on the property.

  (14) Production activity--Any activity the production company engages in while on location, including, but not limited to, preparation, filming, parking, catering, and take down.

  (15) Production company--The entity producing and creating the project, who is ultimately responsible for all production activity.

  (16) Production insurance--A financial transaction between a production company and an external company securing all responsibility of damages and accidents while on location to the production company.

  (17) Request for Use Application--The application that will be completed by the Applicant to ask for the use of a state property for production activity.

  (18) Security deposit--A monetary amount given to the state property before commencement of production activity at that location which gives the state agency some protection for damage done to the location by the Production Company.

  (19) State property--All locations owned and operated by the State of Texas for public or private use.

  (20) Support location--An area of the property that is being used for production activity other than filming that can either be part of the filming location or a stand-alone location.

  (21) Television project--Either a narrative or documentary project, including, but not limited to episodic series, miniseries, television movie (MOW), television pilot, or television episode, that is intended for distribution via broadcast or digital distribution via cable, satellite, the internet, or mobile electronic device.

Source Note: The provisions of this §122.2 adopted to be effective April 6, 2008, 33 TexReg 2683; amended to be effective July 30, 2008, 33 TexReg 5922; amended to be effective January 16, 2012, 37 TexReg 111

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