Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013 Page: 4,456
4445-4554 p. ; 28 cm.View a full description of this periodical.
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The proposed amendment to 121.3 adds Visual Effects
Projects to program eligibility due to increased industry utiliza-
tion and favorable economic impact and makes language and
punctuation clarifications.
The proposed amendment to 121.4 makes language and punc-
tuation clarifications.
The proposed amendment to 121.5 adds Visual Effects
Projects to program eligibility due to introduction of newly
defined terms in 121.2 and makes clarifying language and
punctuation refinements.
The proposed amendment to 121.6 lowers incentive rate spend
threshold to $3.5 million dollars in light of lower industry budget
standards; adds Visual Effects Projects to grant calculations; in-
creases the cash grant percentage available to Feature Films,
Television Programs, Visual Effects Projects and Digital Interac-
tive Media Productions that spend at least $3.5 million in Texas,
in light of their favorable economic impact; increases percentage
rates to Commercials, Reality Television Projects, Educational
or Instructional Videos and Visual Effects Projects that spend at
least $1 million in Texas; and eliminates Texas Spend and Texas
Wages Options to simplify the program.
The proposed amendment to 121.7 eliminates references to
Texas Wages Options; identifies an effective date and publish-
ing schedule for updates to Economically Distressed and Under-
utilized Areas maps used to determine grant rates; and clarifies
existing language and calculations.
The proposed amendment to 121.8 increases the time window
during which program applications may be accepted to provide
earlier potential eligibility for projects; changes the deadline by
which program applications must be submitted to provide greater
administrative review; adds Visual Effects Projects to program
eligibility; and makes language clarifications.
The proposed amendment to 121.9 clarifies the deadline by
which incomplete program applications must be remedied; clar-
ifies the finality of Commission decisions regarding applications;
clarifies the procedures by which applicant may account for
unbudgeted increases in spending; adds alternate procedures
for verifying residency of production personnel; permits the
Commission to require the applicant to include in a project the
Commission logo for marketing purposes; removes references
to Texas Spend and Texas Wages Options; and makes lan-
guage clarifications.
The proposed amendment to 121.10 enumerates an additional
condition which may result in application disqualification and
makes language and punctuation clarifications.
The proposed amendment to 121.11 clarifies the Commis-
sion's procedures for verifying Texas expenditures; removes
references to the Texas Wage Option; and makes language and
punctuation clarifications.
The proposed amendment to 121.12 corrects a typographical
error.
Proposed new 121.13 defines the criteria by which the Com-
mission may designate a Texas Heritage Project to receive ad-
ditional funding and establishes discretionary nature of and fi-
nancial limits to that additional funding.
The proposed amendment to 121.14 clarifies the conditions
which may result in application revocation and clarifies the Com-
mission's authority to seek recapture of paid-out incentives.Heather Page, Director of the Commission, has determined that
for the first five-year period that the proposed rules are in effect
there will be no fiscal implications to the state or to local gov-
ernments as a result of enforcing or administering the proposed
rules. No cost to either government or the public will result from
the proposed rules. There will be no impact on small businesses
or microbusinesses.
Ms. Page has also determined that for the first five-year period
that the proposed rules are in effect the public benefit anticipated
as a result of the proposed rules is a clearer understanding of the
program's scope and participation in the program. No economic
costs are anticipated to persons who are required to comply with
the proposed rules.
Written comments on the proposed rules may be hand-delivered
to Office of the Governor, General Counsel Division, 1100 San
Jacinto, Austin, Texas 78701; mailed to P.O. Box 12428, Austin,
Texas 78711-2428; or faxed to (512) 463-1932 and should be
addressed to the attention of David Zimmerman, Assistant Gen-
eral Counsel. Comments must be received within 30 days of
publication of the proposal in the Texas Register.
The amendments and new rule are proposed pursuant to the
Texas Government Code, 485.022, which directs the Commis-
sion to develop a procedure for the submission of grant applica-
tions and the awarding of grants, and Texas Government Code,
Chapter 2001, Subchapter B, which prescribes the standards for
rulemaking by state agencies.
No other codes, statutes, or articles are affected by this proposal.
121.1. Background and Purpose.
(a) Background.
(1) The Texas Moving Image Industry Incentive Program
administered by the Texas Film Commission (Commission) offers
grants based upon eligible expenditures within the state by the Appli-
cant, subject[ Subject] to this chapter subchapterr] and Chapter 485
of the Texas Government Code.[-]
(A) Feature Films and Television Programs that
choose the Texas Sped Option are eligible to receive grants- of up to
15% of total eligible in-state spending;]
(Be) Feature Filmsand Television Programsthathoose
the Texas Wage Option are eligible to receive grants o f up to 25% of
eligible Wages paid to Texas Residen
) Digital Interactive Media Productions are eligible
to receive grants of up to 4-% of eligible instate spending paid to Texas
Residents andj
D) meri Edueational or Instructnal Mdeos
and Reality Television Projets are eligible to receive grants equal to
5% of total eligible in-stae spending
(2) Grants are available upon submission of all required
documentation by the Applicant to the [Texas Film] Commission (in-
cluding submission of the CPA Audit Opinion to the State of Texas, if
required by this chapter), initial verification by the [Texas Film] Com-
mission [Incentive staff] and a compliance review [audit] by the Office
of the Governor's Compliance and Oversight Division. These grants
are in addition to the Sales Tax Exemptions described in Texas Tax
Code, 151.318 and 151.3185 and the Texas Comptroller of Public
Accounts Administrative Rule, 34 TAC 3.300.
ft3 The State fTexashas aleeted $1M5,0000 0for fseal
year20 p2te+ber- 2044 teAugust3 20!2) and$ 15,000,000 for
ieal year 2034 ptember 4 20t2 to August ~ 20 3) for the Texas38 TexReg 4456 July 12, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013, periodical, July 12, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326802/m1/12/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.