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A BILL TO BE ENTITLED
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AN ACT
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relating to incentives for the film, television, video, and digital |
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interactive media production industries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 485.021(2), Government Code, is amended |
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to read as follows: |
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(2) "Moving image project" means a visual and sound |
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production, including a film, television program, national or |
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multistate commercial, educational or instructional video, or |
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digital interactive media production. The term does not include a |
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production that is obscene, as defined by Section 43.21, Penal |
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Code. |
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SECTION 2. Section 485.023, Government Code, is amended to |
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read as follows: |
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Sec. 485.023. QUALIFICATION. To qualify for a grant under |
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this subchapter: |
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(1) a production company must have spent a minimum of: |
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(A) $250,000 [$1 million] in in-state spending |
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for a film or television program; or |
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(B) $100,000 in in-state spending for a |
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commercial or series of commercials, an educational or |
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instructional video or series of educational or instructional |
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videos, or a digital interactive media production; |
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(2) at least 70 percent of the production crew, |
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actors, and extras for a moving image project must be Texas |
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residents unless the office determines and certifies in writing |
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that a sufficient number of qualified crew, actors, and extras are |
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not available to the company at the time principal photography |
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begins; |
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(3) at least 60 [80] percent of the moving image |
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project must be filmed in Texas; and |
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(4) a production company must submit to the office an |
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expended budget, in a format prescribed by the office, that |
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reflects all in-state spending and includes all receipts, invoices, |
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pay orders, and other documentation considered necessary by the |
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office to accurately determine the amount of a production company's |
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in-state spending that has occurred. |
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SECTION 3. Sections 485.024 and 485.025, Government Code, |
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are amended to read as follows: |
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Sec. 485.024. GRANT. (a) Except as provided by Section |
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485.025, a grant under this subchapter may not exceed the amount |
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established by office rule. The office shall adopt rules |
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prescribing the method the office will use to calculate the amount |
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of a grant under this subsection. The office shall publish a |
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written summary of the method for determining grants before |
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awarding a grant under this section. The method must consider at a |
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minimum: |
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(1) the current and likely future effect a moving |
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image project will have on employment, tourism, and economic |
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activity in this state; and |
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(2) the amount of a production company's in-state |
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spending for a moving image project [lesser of five percent of the
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total amount of a production company's in-state spending for a
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moving image project or:
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[(1) $2 million for a film;
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[(2) $2.5 million for a television program;
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[(3)
$200,000 for a commercial or series of
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commercials; or
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[(4)
$250,000 for a digital interactive media
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production]. |
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(b) In calculating a grant amount under Section 485.025 or |
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the amount of in-state spending for purposes of rules adopted under |
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Subsection (a), the office may not include wages of persons, |
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including an actor or director, employed in the production of a |
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moving image project that exceed $1 million [are:
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[(1)
a major part of the production costs of the
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project, as determined by the office; and
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[(2) negotiated or spent before production begins]. |
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Sec. 485.025. ADDITIONAL GRANT FOR UNDERUSED AREAS. In |
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addition to the grant calculated under Section 485.024, a |
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production company that spends at least 25 percent of a moving image |
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project's filming days in an underused area is eligible for an |
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additional grant in an amount equal to 2.5 [1.25] percent of the |
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total amount of the production company's in-state spending for the |
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moving image project. |
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SECTION 4. (a) The Music, Film, Television, and Multimedia |
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Office in the office of the governor shall adopt the rules required |
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by Section 485.024, Government Code, as amended by this Act, not |
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later than November 1, 2009. |
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(b) The Music, Film, Television, and Multimedia Office in |
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the office of the governor may not award a grant under Section |
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485.024, Government Code, as amended by this Act, before the rules |
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described by Subsection (a) of this section are adopted. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |