88R13065 LRM-D
 
  By: Miles S.B. No. 1459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to benefits and incentives for media production in this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 485A.002(3), Government Code, is amended
  to read as follows:
               (3)  "Moving image project" means a visual and sound
  production, including a film, a television program, streaming
  content, a national or multistate commercial, or a digital
  interactive media production. The term does not include a
  production that is obscene, as defined by Section 43.21, Penal
  Code.
         SECTION 2.  Chapter 485A, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. MEDIA PRODUCTION FACILITY INCENTIVE PROGRAM
         Sec. 485A.301.  DEFINITIONS. In this subchapter:
               (1)  "In-state construction spending" means the amount
  of money spent by a production company on the acquisition,
  construction, conversion, renovation, or lease of a media
  production facility.
               (2)  "Production company" has the meaning assigned by
  Section 485.021.
         Sec. 485A.302.  MEDIA PRODUCTION FACILITY INCENTIVE
  PROGRAM. (a) Using gifts, grants, donations, and appropriations
  made available to the office for that purpose, the office shall
  administer a grant program for production companies that:
               (1)  construct media production facilities at a
  qualified media production location; or
               (2)  convert existing buildings or structures into
  media production facilities at a qualified media production
  location.
         (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:
               (1)  requirements for the submission, before facility
  construction or conversion begins, of an estimate of total in-state
  construction spending; and
               (2)  provisions relating to the submission of other
  information considered useful and necessary by the office for an
  adequate and accurate analysis of a production company's
  qualifications for a grant under this subchapter.
         (c)  A production company is not required to reapply for a
  grant under this subchapter for each year of the 10-year period
  described by Section 485A.303(2).
         (d)  The office may accept gifts, grants, and donations for
  the purpose of implementing this subchapter.
         Sec. 485A.303.  QUALIFICATION. To qualify for a media
  production facility grant under this subchapter, a production
  company must:
               (1)  be a:
                     (A)  limited liability company, partnership, or
  corporation formed or organized under the laws of this state; or
                     (B)  joint venture or other legal entity in which
  at least one entity that holds at least a 30 percent ownership
  interest is a limited liability company, partnership, or
  corporation formed or organized under the laws of this state; and
               (2)  commit to either constructing a media production
  facility or converting an existing building or structure into a
  media production facility and producing moving image projects for a
  10-year period.
         Sec. 485A.304.  GRANT. The amount of a media production
  facility grant under this subchapter is determined as follows:
               (1)  if the production company spent at least $2
  million but less than $4 million on the facility, the amount of the
  grant is equal to 10 percent of in-state construction spending on
  the facility; or
               (2)  if the production company spent at least $4
  million on the facility, the amount of the grant is equal to 20
  percent of in-state construction spending on the facility.
         Sec. 485A.305.  ADDITIONAL GRANT FOR UNDERUTILIZED AND
  ECONOMICALLY DISTRESSED AREAS. In addition to the grants
  calculated under Sections 485A.304 and 485A.306, a production
  company that constructs a media production facility or converts an
  existing building or structure into a media production facility in
  an underutilized and economically distressed area is eligible for
  an additional grant in an amount equal to 7.5 percent of the total
  amount of the production company's in-state construction spending
  for the facility.
         Sec. 485A.306.  ADDITIONAL GRANT FOR CERTAIN MEDIA
  PRODUCTION FACILITIES. (a) In addition to the grants calculated
  under Sections 485A.304 and 485A.305, a production company is
  eligible for an additional grant in an amount equal to 7.5 percent
  of the total amount of the company's in-state construction spending
  for a media production facility if:
               (1)  the company constructs the facility or converts
  the building or structure to produce projects with a focus on
  persons from diverse ethnic backgrounds; and
               (2)  at least 35 percent of the persons employed at the
  facility are women or are from diverse ethnic backgrounds.
         (b)  The office shall adopt rules prescribing the method by
  which the office will determine whether a production company meets
  the requirements for an additional grant under this section.
         SECTION 3.  This Act takes effect September 1, 2023.