| (a) A Qualifying Application may be disqualified at
any time if a project does not meet the necessary requirements or
if a Qualifying Application is incomplete. If a project is disqualified,
the Applicant will be notified by e-mail. Qualifying Applications
that have been disqualified may be resubmitted with the required changes
or additional information, no earlier than 120 calendar days before
the Principal Start Date, and no later than 5:00 p.m. Central Time
on the fifth Business Day preceding the Principal Start Date.
(b) In the case of a change in principal start or
completion date, the Applicant must notify the Texas Film Commission
(Commission) in writing, to include e-mail, of the new principal start
or completion date, and must give the reason(s) for the change. If
the start of the project is delayed repeatedly or for more than 30
days, a Qualifying Application may be disqualified and the Applicant
must reapply.
(c) A Qualifying Application may also be disqualified
for reasons including, but not limited to:
(1) Failure to submit required documents and notifications,
or additional documents as requested or as required by this chapter;
(2) Failure to meet minimum requirements for in-state
spending, number of Texas Residents hired, and/or percentage of Filming
Days;
(3) Submission of false information;
(4) Inappropriate content as described in Texas Penal
Code, §43.23 or content described by §121.4(b) of this chapter;
(5) Lack of available funding;
(6) Ineligible project as listed in §121.4 of
this chapter;
(7) Pursuant and subject to §121.8(a)(6) of this
chapter, if an Applicant fails to confirm that the production began
on time;
(8) Lack of meaningful production activity on a project,
as determined in the Commission's sole discretion, for a period of
at least six months; or
(9) Voluntary notification in writing by the Applicant
to the Commission of the cancellation of the project.
|
| Source Note: The provisions of this §121.10 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 September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399 |
