|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to incentives for the production of video games. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Subchapter B, Chapter 485, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER B. VIDEO GAME [MOVING IMAGE] INDUSTRY INCENTIVE PROGRAM |
|
SECTION 2. Section 485.021, Government Code, is amended to |
|
read as follows: |
|
Sec. 485.021. DEFINITIONS. In this subchapter: |
|
(1) "In-state spending" means the amount of money |
|
spent in Texas by a production company during the production and |
|
completion of a video game [moving image] project, including the |
|
amount spent on wages to Texas residents. The term does not |
|
include wages described by Section 485.024(b). |
|
(2) "Permanent job" means an employment position that |
|
has provided at least 1,820 hours of employment to an employee |
|
["Moving image project" means a visual and sound production,
|
|
including a film, television program, national or multistate
|
|
commercial, educational or instructional video, or digital
|
|
interactive media production.
The term does not include a
|
|
production that is obscene, as defined by Section 43.21, Penal
|
|
Code]. |
|
(3) "Production company" means a [includes a film
|
|
production company, television production company,] digital |
|
interactive media production company[, or film and television
|
|
production company]. |
|
(4) "Texas resident" means an individual who has |
|
resided in Texas since the 120th day before the first day of |
|
production [principal photography] on a video game [moving image] |
|
project. |
|
(5) "Underutilized and economically distressed area" |
|
includes any area of this state that: |
|
(A) the office determines receives less than 15 |
|
percent of the total digital interactive media [film and
|
|
television] production in this state during a fiscal year; or |
|
(B) has a median household income that does not |
|
exceed 75 percent of the median state household income. |
|
(6) "Video game project" means a digital interactive |
|
media production. The term does not include a production that is |
|
obscene, as defined by Section 43.21, Penal Code. |
|
SECTION 3. The heading to Section 485.022, Government Code, |
|
is amended to read as follows: |
|
Sec. 485.022. VIDEO GAME [MOVING IMAGE] INDUSTRY INCENTIVE |
|
PROGRAM. |
|
SECTION 4. Sections 485.022(a), (b), (e), and (f), |
|
Government Code, are amended to read as follows: |
|
(a) The office shall administer a grant program for |
|
production companies that produce video game [moving image] |
|
projects in this state, to the extent that gifts, grants, |
|
donations, or other money, including appropriations, are made |
|
available to the office for that purpose. |
|
(b) The office shall develop a procedure for the submission |
|
of grant applications and the awarding of grants under this |
|
subchapter. The procedure must include provisions relating to: |
|
(1) methods by which an individual's Texas residency |
|
as described by Section 485.021 [485.021(4)] can be proved; and |
|
(2) requirements for the submission, before |
|
production of a video game [moving image] project begins, of: |
|
(A) an estimate of total in-state spending; |
|
(B) the [shooting] script or story board, as |
|
applicable; |
|
(C) the estimated number of jobs for cast and |
|
production crew during the production and completion of a video |
|
game [moving image] project; and |
|
(D) any other information considered useful and |
|
necessary by the office for an adequate and accurate analysis of a |
|
production company's in-state spending. |
|
(e) The office is not required to act on any grant |
|
application and may deny an application because of inappropriate |
|
content or content that portrays Texas or Texans in a negative |
|
fashion, as determined by the office, in a video game [moving image] |
|
project. In determining whether to act on or deny a grant |
|
application, the office shall consider general standards of decency |
|
and respect for the diverse beliefs and values of the citizens of |
|
Texas. |
|
(f) Before a grant is awarded under this subchapter, the |
|
office shall: |
|
(1) require a copy of the final script; and |
|
(2) determine if any substantial changes occurred |
|
during production on a video game [moving image] project to include |
|
content described by Subsection (e). |
|
SECTION 5. Section 485.023, Government Code, is amended to |
|
read as follows: |
|
Sec. 485.023. QUALIFICATION. To qualify for a grant under |
|
this subchapter: |
|
(1) a production company must have spent a minimum of: |
|
(A) [$250,000 in in-state spending for a film or
|
|
television program; or
|
|
[(B)] $100,000 in in-state spending for a |
|
[commercial or series of commercials, an educational or
|
|
instructional video or series of educational or instructional
|
|
videos, or a] digital interactive media production for a grant |
|
equal to 2.5 percent of the total amount of the production company's |
|
in-state spending for the video game project; |
|
(B) $1 million in in-state spending for a digital |
|
interactive media production for a grant equal to 5 percent of the |
|
total amount of the production company's in-state spending for the |
|
video game project; or |
|
(C) $3.5 million in in-state spending for a |
|
digital interactive media production for a grant equal to 10 |
|
percent of the total amount of the production company's in-state |
|
spending for the video game project; |
|
(2) at least 70 percent of the production crew and[,] |
|
actors[, and extras] for a video game [moving image] project must be |
|
Texas residents unless the office determines and certifies in |
|
writing that a sufficient number of qualified crew and [,] actors[,
|
|
and extras] are not available to the company at the time production |
|
[principal photography] begins; |
|
(3) at least 60 percent of the video game [moving
|
|
image] project must be produced [filmed] in Texas; and |
|
(4) a production company must submit to the office an |
|
expended budget, in a format prescribed by the office, that |
|
reflects all in-state spending and includes all receipts, invoices, |
|
pay orders, and other documentation considered necessary by the |
|
office to accurately determine the amount of a production company's |
|
in-state spending that has occurred. |
|
SECTION 6. Sections 485.024(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) Except as provided by Section 485.025, a grant under |
|
this subchapter may not exceed the amount established by office |
|
rule. The office shall adopt rules prescribing the method the |
|
office will use to calculate the amount of a grant under this |
|
subsection. The office shall publish a written summary of the |
|
method for determining grants before awarding a grant under this |
|
section. The method must consider at a minimum: |
|
(1) the current and likely future effect a video game |
|
[moving image] project will have on employment, tourism, and |
|
economic activity in this state; and |
|
(2) the amount of a production company's in-state |
|
spending for a video game [moving image] project. |
|
(b) In calculating a grant amount under Section 485.025 or |
|
the amount of in-state spending for purposes of rules adopted under |
|
Subsection (a), the office may not include wages of persons, |
|
including an actor or director, employed in the production of a |
|
video game [moving image] project that exceed $1 million. |
|
SECTION 7. Section 485.025, Government Code, is amended to |
|
read as follows: |
|
Sec. 485.025. ADDITIONAL GRANT FOR UNDERUTILIZED AND |
|
ECONOMICALLY DISTRESSED AREAS. In addition to the grant calculated |
|
under Section 485.024, a production company that spends at least 25 |
|
percent of a video game [moving image] project's production |
|
[filming] days in an underutilized and economically distressed area |
|
is eligible for an additional grant in an amount equal to 2.5 |
|
percent of the total amount of the production company's in-state |
|
spending for the video game [moving image] project. |
|
SECTION 8. Sections 485.027(a) and (d), Government Code, |
|
are amended to read as follows: |
|
(a) The office may contract with public junior colleges, as |
|
defined by Section 61.003, Education Code, or Texas nonprofit |
|
organizations to create a video game [moving image] industry |
|
personnel training program for developing and expanding the |
|
workforce for video game [moving image] projects in Texas. |
|
(d) The office shall consult with the Texas Workforce |
|
Commission to collect and compile data on the status of the video |
|
game [moving image] industry employment base in Texas. |
|
SECTION 9. Subchapter B, Chapter 485, Government Code, is |
|
amended by adding Sections 485.029 and 485.030 to read as follows: |
|
Sec. 485.029. REPORT TO LEGISLATURE. (a) Before each |
|
regular session of the legislature, the comptroller shall report to |
|
the legislature and the governor, for the preceding two state |
|
fiscal years, the net number of permanent jobs in the industry. The |
|
report may be included in any other report made by the comptroller. |
|
(b) The comptroller shall publish the report required by |
|
Subsection (a) on the comptroller's Internet website not later than |
|
the 20th day after the date the report is provided to the |
|
legislature and the governor. |
|
Sec. 485.030. EXPIRATION. This subchapter expires August |
|
31, 2019. |
|
SECTION 10. Section 485.028, Government Code, is repealed. |
|
SECTION 11. This Act takes effect September 1, 2015. |