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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of media production development zones |
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and to exemptions from the sales and use tax for items used for |
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sound stages in media production development zones. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 485A to read as follows: |
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CHAPTER 485A. MEDIA PRODUCTION DEVELOPMENT ZONES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 485A.001. SHORT TITLE. This chapter may be cited as |
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the Media Production Development Zone Act. |
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Sec. 485A.002. DEFINITIONS. In this chapter: |
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(1) "Media production development zone" means an area |
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designated as a media production development zone under this |
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chapter. |
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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, or digital interactive media production. |
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The term does not include a production that is obscene, as defined |
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by Section 43.21, Penal Code. |
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(3) "Nominating body" means the governing body of a |
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municipality or county, or a combination of the governing bodies of |
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municipalities or counties, that nominates and applies for |
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designation of an area as a media production development zone. |
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(4) "Office" means the Music, Film, Television, and |
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Multimedia Office within the office of the governor. |
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(5) "Qualified person" means a person certified as a |
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qualified person under Section 485A.201. |
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(6) "Sound stage" means a structure, building, or room |
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used for the specific purpose of creating a moving image project. |
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Sec. 485A.003. JURISDICTION OF MUNICIPALITY. For the |
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purposes of this chapter, territory in the extraterritorial |
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jurisdiction of a municipality is considered to be in the |
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jurisdiction of the municipality. |
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[Sections 485A.004-485A.050 reserved for expansion] |
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SUBCHAPTER B. OFFICE POWERS AND DUTIES IN GENERAL |
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Sec. 485A.051. GENERAL POWERS AND DUTIES. (a) The office |
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shall administer and monitor the implementation of this chapter. |
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(b) The office shall establish criteria and procedures for |
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designating a qualified area as a media production development zone |
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and for certifying a person as a qualified person under Section |
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485A.201. |
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Sec. 485A.052. RULEMAKING AUTHORITY. The office shall |
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adopt rules necessary to implement this chapter. |
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Sec. 485A.053. ANNUAL REPORT. On or before December 15 of |
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each year, the office shall submit to the governor, the |
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legislature, and the Legislative Budget Board a report that: |
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(1) evaluates the effectiveness of the media |
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production development zone program; and |
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(2) describes the use of state and local incentives |
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under this chapter and their effect on revenue. |
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Sec. 485A.054. ASSISTANCE. The office shall provide to |
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persons desiring to construct, expand, maintain, improve, or |
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renovate a sound stage in a media production development zone |
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information and appropriate assistance relating to the required |
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legal authorization, including a permit, certificate, approval, |
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and registration, necessary in this state to accomplish that |
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objective. |
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[Sections 485A.055-485A.100 reserved for expansion] |
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SUBCHAPTER C. DESIGNATION OF MEDIA PRODUCTION DEVELOPMENT ZONE |
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Sec. 485A.101. CRITERIA FOR MEDIA PRODUCTION DEVELOPMENT |
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ZONE DESIGNATION. To be designated a media production development |
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zone, an area must be land or other real property that: |
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(1) will: |
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(A) be used exclusively to build or construct one |
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or more sound stages; |
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(B) if the real property is a building or other |
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facility, be renovated solely for the purpose of being converted |
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into one or more sound stages; or |
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(C) if the real property consists solely of one |
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or more sound stages, be improved or renovated for that purpose or |
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will be expanded into one or more additional sound stages; |
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(2) is located in a metropolitan area, the principal |
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municipality of which: |
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(A) has a population of more than 250,000; and |
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(B) has the adequate workforce, infrastructure, |
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facilities, or resources to support the production and completion |
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of moving image projects; |
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(3) is: |
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(A) included in a municipal utility district |
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created under Section 52, Article III, or Section 59, Article XVI, |
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Texas Constitution; |
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(B) designated as a reinvestment zone for tax |
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increment financing under Chapter 311, Tax Code; or |
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(C) designated as a defense economic |
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readjustment zone under Chapter 2310; and |
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(4) is to be nominated as a media production |
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development zone by an ordinance or order adopted by the nominating |
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body. |
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Sec. 485A.102. MAXIMUM NUMBER OF ZONE DESIGNATIONS |
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THROUGHOUT STATE. There may not be more than 10 media production |
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development zone designations under this chapter at any one time. |
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Sec. 485A.103. NOMINATION OF MEDIA PRODUCTION DEVELOPMENT |
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ZONE. (a) The governing body of a municipality or county, |
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individually or in combination with other municipalities or |
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counties, by ordinance or order, as appropriate, may nominate as a |
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media production development zone an area within its jurisdiction |
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that meets the criteria under Section 485A.101. |
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(b) The governing body of a county may not nominate |
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territory in a municipality, including extraterritorial |
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jurisdiction of a municipality, to be included in a proposed media |
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production development zone unless the governing body of the |
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municipality also nominates the territory and together with the |
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county files a joint application under Section 485A.105. |
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Sec. 485A.104. NOMINATING ORDINANCE OR ORDER. An ordinance |
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or order nominating an area as a media production development zone |
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must: |
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(1) describe precisely the area to be included in the |
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zone by a legal description or reference to municipal or county |
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boundaries; |
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(2) state a finding that the area meets the |
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requirements of this chapter; |
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(3) summarize briefly the local financial incentives, |
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including tax incentives, that, at the election of the nominating |
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body, will apply to a qualified person; |
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(4) contain a brief description of the project or |
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activity to be conducted by a qualified person in the area; and |
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(5) nominate the area as a media production |
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development zone. |
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Sec. 485A.105. APPLICATION FOR DESIGNATION. (a) For an |
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area to be designated as a media production development zone, the |
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nominating body, after nominating the area as a media production |
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development zone, must send to the office a written application for |
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designation of the area as a media production development zone. |
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(b) The application must include: |
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(1) a certified copy of the ordinance or order, as |
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appropriate, nominating the area as a media production development |
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zone; |
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(2) appropriate supporting documents demonstrating |
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that the area qualifies for designation as a media production |
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development zone; |
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(3) an estimate of the economic impact of the |
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designation of the area as a media production development zone on |
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the revenues of the governmental entity or entities nominating the |
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area as a media production development zone, considering the |
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financial incentives and benefits contemplated; and |
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(4) any additional information the office requires. |
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(c) Information required by Subsection (b) is for |
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evaluation purposes only. |
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Sec. 485A.106. REVIEW OF APPLICATION. On receipt of an |
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application for the designation of a media production development |
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zone, the office shall review the application to determine if the |
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nominated area qualifies for designation as a media production |
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development zone under this chapter. |
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Sec. 485A.107. DESIGNATION. If the office determines that |
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a nominated area for which a designation application has been |
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received satisfies the criteria under Section 485A.101, the office |
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may designate the nominated area as a media production development |
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zone unless the office determines that the designation request |
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should be denied for the reasons specified by Section 485A.108. |
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Sec. 485A.108. DENIAL OF APPLICATION; NOTICE. (a) The |
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office shall deny an application for the designation of a media |
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production development zone if the office determines that: |
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(1) the nominated area does not satisfy the criteria |
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under Section 485A.101; or |
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(2) the number of media production development zone |
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designations at the time of the application is at the maximum limit |
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prescribed by Section 485A.102. |
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(b) The office shall inform the nominating body of the |
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specific reasons for denial of an application under this section. |
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Sec. 485A.109. PERIOD OF DESIGNATION. (a) An area may be |
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designated as a media production development zone for a maximum of |
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five years. |
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(b) Except as provided by Section 485A.110, a media |
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production development zone designation remains in effect until |
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September 1 of the final year of the designation. |
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Sec. 485A.110. REMOVAL OF DESIGNATION. (a) The office may |
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remove the designation of an area as a media production development |
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zone if the area no longer meets the criteria for designation under |
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this chapter or by office rule adopted under this chapter. |
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(b) The removal of a designation does not affect the |
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validity of a tax incentive granted or accrued before the removal. |
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[Sections 485A.111-485A.150 reserved for expansion] |
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SUBCHAPTER D. ADMINISTRATION OF MEDIA PRODUCTION DEVELOPMENT ZONE |
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Sec. 485A.151. ANNUAL REPORT. (a) For purposes of this |
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section, the governing body of a media production development zone |
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is the governing body of the municipality or county, or the |
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governing bodies of the combination of municipalities or counties, |
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that applied to have the area designated as a media production |
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development zone. |
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(b) Not later than October 1 of each year, the governing |
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body of a media production development zone shall submit to the |
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office a report in the form prescribed by the office. |
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(c) The report must include for the year preceding the date |
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of the report: |
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(1) the use of local incentives for which the |
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governing body provided in the ordinance or order nominating the |
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media production development zone and the effect of those |
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incentives on revenue; |
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(2) the number of qualified persons engaging in a |
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project or activity related to a sound stage in the media production |
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development zone; and |
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(3) the types of projects or activities engaged or to |
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be engaged in by qualified persons in the media production |
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development zone. |
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[Sections 485A.152-485A.200 reserved for expansion] |
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SUBCHAPTER E. QUALIFIED PERSON DESIGNATION AND CERTIFICATION |
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Sec. 485A.201. QUALIFIED PERSON. A person is a qualified |
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person if the office, for the purpose of state benefits under this |
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chapter, or the nominating body of a media production development |
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zone, for the purpose of local benefits, certifies that the person, |
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not later than 18 months after the date of the zone designation: |
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(1) will build or construct one or more sound stages in |
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the zone; |
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(2) will renovate a building or facility solely for |
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the purpose of being converted into one or more sound stages in the |
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zone; or |
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(3) will renovate or expand one or more sound stages in |
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the zone. |
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Sec. 485A.202. PROHIBITION ON QUALIFIED PERSON |
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CERTIFICATION. If the office determines that the nominating body |
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of a media production development zone is not complying with this |
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chapter, the office shall prohibit the certification of a qualified |
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person in the zone until the office determines that the nominating |
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body is complying with this chapter. |
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Sec. 485A.203. DURATION OF DESIGNATION. Except as provided |
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by Section 485A.204, the office's certification of a person as a |
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qualified person is effective until the fifth anniversary of the |
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date the designation is made, regardless of whether the media |
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production development zone in which the qualified person is to |
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perform its commitments under this chapter is terminated before |
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that date. |
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Sec. 485A.204. REMOVAL OF DESIGNATION. The office shall |
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remove the certification of a qualified person for state benefits |
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under this chapter if the office determines that the construction, |
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renovation, improvement, maintenance, or expansion of a sound stage |
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has not been completed in the media production development zone |
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within the period prescribed by Section 485A.201. |
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[Sections 485A.205-485A.250 reserved for expansion] |
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SUBCHAPTER F. MEDIA PRODUCTION DEVELOPMENT ZONE BENEFITS |
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Sec. 485A.251. EXEMPTION FROM SALES AND USE TAX. Certain |
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items are exempt from the sales and use tax as provided by Section |
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151.3415, Tax Code. |
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Sec. 485A.252. MONITORING QUALIFIED PERSON COMMITMENTS. |
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(a) The office may monitor a qualified person to determine whether |
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and to what extent the qualified person has followed through on the |
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commitments made by the qualified person under this chapter. |
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(b) The office may determine that the qualified person is |
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not entitled to a tax exemption under Section 151.3415, Tax Code, if |
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the office determines that the qualified person: |
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(1) is not willing to cooperate with the office in |
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providing information needed by the office to make the |
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determination under Subsection (a); |
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(2) has substantially failed to follow through on the |
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commitments made by the person under this chapter before the first |
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anniversary of the date of the zone designation; or |
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(3) fails to submit the report required by Section |
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151.3415, Tax Code. |
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SECTION 2. Subchapter H, Chapter 151, Tax Code, is amended |
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by adding Section 151.3415 to read as follows: |
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Sec. 151.3415. ITEMS SOLD TO OR USED TO CONSTRUCT, |
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MAINTAIN, EXPAND, IMPROVE, OR RENOVATE SOUND STAGE IN MEDIA |
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PRODUCTION DEVELOPMENT ZONES; REPORT. (a) In this section, |
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"qualified person" and "media production development zone" have the |
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meanings assigned by Section 485A.002, Government Code. |
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(b) The sale, lease, or rental of a taxable item to a |
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qualified person is exempted from the taxes imposed by this chapter |
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if the item is used for: |
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(1) the construction, maintenance, expansion, |
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improvement, or renovation of a sound stage located in a media |
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production development zone; or |
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(2) the renovation of a building or facility located |
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in a media production development zone that is to be used |
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exclusively as a sound stage. |
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(c) A qualified person shall submit a quarterly report to |
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the comptroller regarding the sale, lease, or rental of taxable |
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items for which a tax exemption is granted to the qualified person |
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under this section. The report must be in the form and manner |
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prescribed by the comptroller. |
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(d) The comptroller shall share information from reports |
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submitted under Subsection (c), on request, with the Music, Film, |
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Television, and Multimedia Office within the office of the |
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governor. |
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SECTION 3. This Act takes effect September 1, 2009. |