| (a) Within 7 days of receipt of a request for MPDZ
Exemption, the Nominating Body shall deliver to the Texas Film Commission
(TFC) a digitized copy of the request.
(b) If the Nominating Body determines that the Requestor
has submitted a complete request and, by official action, decides
to consider that request, the Nominating Body shall provide written
notice to the Requestor and to the TFC that includes:
(1) a statement that the Nominating Body has received
and will be considering a completed request; and
(2) the date on which the request was received.
(c) In reviewing a request, the Nominating Body shall
consider:
(1) whether the proposed media production location
meets the requirements of the Act;
(2) whether the Requestor has the ability and financial
wherewithal to successfully complete the building, constructing, renovating,
or expanding of the proposed media production facility within 18 months
from certification as a qualified person under §123.6(f)(1) of
this chapter; and
(3) whether the proposed financial incentives are in
the best interest of the Nominating Body and this state.
(d) Within 90 days of deciding to consider a completed
request, the Nominating Body shall either:
(1) adopt a written ordinance or order nominating the
proposed media production location which shall include:
(A) written findings as to each criterion listed in §485A.102
of the Act;
(B) written information as listed in §485A.105
of the Act;
(C) a determination that granting the MPDZ Exemption
is in the best interest of the Nominating Body and this state; and
(D) designate and direct a representative of the Nominating
Body to execute an Application for Exemption pursuant to §485A.106
of the Act and submit same to the TFC;
(2) deny the request; or
(3) take no official action and the request shall be
considered denied on the 91st day after the request consideration
start date.
(e) A Nominating Body may, for good cause and upon
written notice to the Requestor with a copy to the TFC, take more
than 90 days to consider a request under subsection (d) of this section.
(f) If not previously recognized, the Nominating Body
at the same time shall also adopt a written ordinance or order recognizing
the media production development zone in which a location nominated
under subsection (d)(1) of this section is located. This ordinance
or order shall include:
(1) a precise description of the zone by a legal description
or reference to municipal or county boundaries;
(2) written findings as to each criterion listed in §485A.101
of the Act; and
(3) a determination that recognizing the zone is in
the best interest of the Nominating Body and the state.
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