(a) The following types of projects are not eligible
for grants under this program:
(1) pornography or obscene material, as defined by
Texas Penal Code, §43.21;
(2) news, current event or public access programming,
political advertising, including public service announcements which
advance a public policy or political position, or programs that include
weather or market reports;
(3) local events or religious services;
(4) productions not intended for commercial, educational
or instructional distribution;
(5) sporting events or activities;
(6) awards shows (unless broadcast on national network
television to a national audience), galas, telethons or programs that
solicit funds;
(7) projects intended for undergraduate or graduate
course credit;
(8) application software, system software, or middleware;
(9) casino-type video games used in a gambling device,
as such term is defined pursuant to Texas Penal Code, §47.01;
or
(10) Commercials or advertising for the State of Texas
or any Texas state agency or department.
(b) Not every project will qualify for a grant. The
Texas Film Commission (Commission) is not required to act on any application
and may deny an application or eventual payment on an application
because of inappropriate content or content that portrays Texas or
Texans in a negative fashion, as determined by the Commission, in
a project. In determining whether to act on or deny an application,
the Commission shall consider general standards of decency and respect
for the diverse beliefs and values of the citizens of Texas. As part
of the preliminary application process, the Commission will review
the Content Document, as defined in §121.8(a)(1)(C) of this chapter,
and will advise the potential Applicant on whether the content will
preclude the project from receiving a grant.
(c) Once an approved project has been completed, the
Commission will review the final content before issuing the grant,
to determine if any substantial changes occurred during production
to include content described by subsection (b) of this section.
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Source Note: The provisions of this §121.4 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 |