The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
(1) Applicant--
(A) For Feature Films, Television Programs, Visual
Effects Projects for Feature Films or Television Programs, Reality
Television Projects or Educational or Instructional Videos, either
the Production Company producing the project or the owner of the copyright.
(B) For Commercials or Visual Effects Projects for
Commercials, the Production Company, advertising agency, or client;
provided, however, that if an advertising agency or client applies
as the Applicant, but a Production Company expends the funds in the
state in connection with a project, a chain of downstream payment
from the Applicant to the Production Company actually expending the
funds must be evidenced in connection with the submission of the Expended
Budget.
(C) For Digital Interactive Media Productions, the
game developer or game publisher.
(2) Business Day--A day other than Saturday, Sunday
or a legal Federal holiday.
(3) Cast--Actors paid by the Applicant to perform
roles in Texas, including, but not limited to, featured actors, extras,
stunt performers, voice-over talent, hosts, judges, announcers and
roles or performers that appear on a recurring basis, but excluding
talk show guests, game or contest show contestants, Reality Series
participants, documentary subjects or interviewees, musicians performing
as part of a music performance production, and litigants and witnesses
in courtroom reality programs.
(4) Commercial--Any live-action or animated production;
that is an individual Commercial, more than one Commercial created
in a contiguous production period for the same client or music video
or infomercial that is made for the purpose of entertaining or promoting
a product, service, or idea and is produced for distribution via broadcast,
cable or any digital format, including, but not limited to, cable,
satellite, Internet, or mobile electronic device.
(5) Crew--Workers paid by the Applicant to perform
work in Texas that is directly contracted and credited for a specific
position, but excluding musicians performing as part of a music performance
production. An individual may work in more than one position on a
production. Executive Producers and/or permanent salaried employees
of an Applicant for a Commercial project listed on call sheets or
production reports, but not paid Wages and do not perform services
on the project other than producing services, shall not be counted
in Crew calculations for Texas Residency purposes. Vendors serving
a traditional crew function and providing personal services, but paid
as independent contractors rather than through payroll, will be counted
in Texas Residency Crew calculations and should provide a Declaration
of Texas Residency Form.
(6) Declaration of Texas Residency Form--A document
promulgated by the Texas Film Commission (Commission) to be utilized
by Applicants in order to prove the residency status of each Texas
Resident Crew or Cast member.
(7) Digital Interactive Media Production--Software
that provides a user or users with a game to play for the purpose
of entertainment or education, including for military or medical simulation
training, and which is created for a game console, personal computer,
handheld console, mobile electronic machine or an electronic device
used by a business or consumer solely for bona fide amusement purposes
that rewards the player exclusively with non-cash merchandise prizes
or a representation of value redeemable for those items, as outlined
in Texas Penal Code, §47.01.
(8) Educational or Instructional Video--Any individual
live action or animated production or a contiguous series of more
than one production created for the same client produced for exhibition
in an educational or instructional setting.
(9) Episodic Television Series--A Television Program
consisting of multiple episodes of a single season.
(10) Expended Budget--The final verifying documentation
submitted by an Applicant to the Commission at the completion of a
project that shows the total eligible in-state spending and includes
all documentation considered by the Commission to be necessary to
show compliance with the requirements of the Texas Moving Image Industry
Incentive Program.
(11) Feature Film--Any live-action or animated for-profit
production, narrative or documentary that is produced for distribution
in theaters or via any digital format, including, but not limited
to, DVD, Internet, or mobile electronic device.
(12) Filming Day--A day of Production as defined in
paragraph (17) of this section. For purposes of calculating 60% of
Filming Days for purposes of §121.3 of this chapter (but not
for purposes of calculating 25% of Filming Days for purposes of §121.7
of this chapter), a "day" may include not only a traditional "day"
of Production, but also a concurrent "day" of Production conducted
by a second unit, so long as:
(A) Such second unit, is not a splinter unit, but
is utilized for a bona fide, production-related purpose and would
be recognized by the Directors Guild of America as a second unit;
and
(B) A call sheet, and production report, for such
"day" is circulated and executed in connection with the activities
of such second unit. Any such bona fide, second unit "day" shall be
added to both the numerator of Texas days and the denominator of total
days for purposes of calculating 60% of Filming Days for purposes
of §121.3 of this chapter.
(13) Physical Production--The period encompassing
Pre-Production, Production, and Postproduction.
(14) Postproduction--The period of Physical Production
that occurs after the end of Production, as defined in paragraph (17)
of this section; including but not limited to, editing, music, sound,
visual effects and animation.
(15) Pre-Production--The period of Physical Production
that occurs before the start of Production as defined in paragraph
(17) of this section.
(16) Principal Start Date--
(A) For a live action Feature Film, Television Program,
Reality Television Project, Educational or Instructional Video or
Commercial project, this is the first day of principal photography.
(B) For a Digital Interactive Media Production, Visual
Effects Project or animated project, this is the first day of Production.
(17) Production--
(A) For a live action Feature Film, Television Program,
Reality Television Project, Educational or Instructional Video or
Commercial project, this is the period of Physical Production between
the first and last days of principal photography, inclusive.
(B) For a Digital Interactive Media Production, Visual
Effects Project or animated project, this is the period of Physical
Production between the end of Pre-Production and the completion of
the project.
(18) Production Company--A film production company,
television production company, Digital Interactive Media Production
developer, commercial production company, visual effects company,
animation production company or postproduction company.
(19) Qualifying Application--A Qualifying Application
has the meaning provided in §121.8(a)(1) of this chapter.
(20) Reality Series--A Reality Television Project
consisting of multiple episodes of a single season.
(21) Reality Television Project--Any live action,
for-profit production based upon unscripted content, including, but
not limited to, a Reality Series, a contest or game show (to include
individual episodes), or a talk show (to include individual episodes)
that is produced for distribution via broadcast, cable or any digital
format, including, but not limited to, satellite, Internet and mobile
electronic device.
(22) Television Program--Any live-action or animated
for-profit production, narrative or documentary, including, but not
limited to, an Episodic Television Series, a miniseries, a television
movie, a television pilot, a television episode, an interstitial Television
Program, or a musical performance more than 30 minutes in length that
is produced for distribution via broadcast, cable or any digital format,
including, but not limited to, satellite, Internet and mobile electronic
device (including a short episode or series of episodes, either narrative
or documentary, that is distributed initially as an Internet download
or stream).
(23) Texas Heritage Project--A Feature Film or Television
Program (excluding a Reality Television Project), that promotes or
documents Texas' diverse cultural, historical, natural or man-made
resources as determined in accordance with §121.13 of this chapter.
(24) Texas Resident--An individual who is a permanent
resident of Texas for at least 120 days prior to the Principal Start
Date of the project and who has completed a Declaration of Texas Residency
Form.
(25) Underutilized and Economically Distressed Area--
(A) Underutilized Area--An area of the state that
receives less than 15% of the total film and television production
in the state during a fiscal year as determined by the Commission.
Areas determined by the Commission to receive in excess of 15% of
the total film and television production in the state will be deemed
to include the area within a thirty mile radius from that area's largest
municipality's city hall.
(B) Economically Distressed Area--An area within the
above-determined thirty mile radius where the median household income
does not exceed 75% of the median household income as determined by
the Texas State Data Center, University of Texas San Antonio.
(26) Visual Effects Project--A self-contained production
whereby computer generated images are created or manipulated to integrate
with live-action footage of a Feature Film, Television Program, Educational
or Instructional Video, or Commercial.
(27) Wages--Compensation paid to an individual for
work performed. Payment methods may include, but are not limited to,
direct payments, payments through an agent or agency, payments through
a loan-out company or payments through a payroll service. Wages may
include, but are not limited to, gross wages, per diems (if signed
for by the recipient), employer paid Social Security (Old Age, Survivors,
and Disability Insurance (OASDI)) payments, employer paid Medicare
(MEDI) payments, employer paid Federal Unemployment Insurance (FUI)
payments, employer paid Texas State Unemployment Insurance (SUI) payments,
employer paid pension, health and welfare payments and employer paid
vacation and holiday pay. Only the first $1,000,000 in aggregate wages
and/or compensation per person will constitute eligible Wage expenditures.
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