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RULE §121.10Disqualification of an Application

(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

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