Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013 Page: 4,464
4445-4554 p. ; 28 cm.View a full description of this periodical.
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(3) A minor who does not have a Texas driver license,
Texas identification card or Texas voter registration may have a Texas
Resident parent or legal guardian complete Section III of the form,
so long as such parent or legal guardian also signs Section III of the
form, indicating such relationship to the minor.
(4) A representative of the Applicant must complete Sec-
tion IV of the Declaration of Texas Residency Form.
(5) In the event that a Crew of Cast member does not pos-
sess any of the three documents specified in Section III of the Decla-
ration of Texas Residency Form, and the project consists of at least 30
Filming Days, Texas Residency may also be verified by presenting one
of the following documents naming said Crew or Cast member and
dated at least 120 days and no more than 13 months prior to and the
project's Principal Start Date:
(A) an executed agreement for the lease of residential
real property located in Texas;
(B) an executed HUD-1 settlement statement showing
the purchase of residential real property located in Texas; or
(C) a notice of appraised value or bill assessing property
tax on residential real property located in Texas.
(h) Texas Film Commission Logo. Having [Upon written re-
quest by an Applicant having] no obligation to do so, the [Texas Film]
Commission may require [provide, having no obl nationn to do s the
Texas Film Commission logo to the Applicant so that] the Applicant
to [ean] include the Texas Film Commission [suc4] logo in the closing
credits of a Feature Film, Reality Series or Television Production, or in
the credits of a Digital Interactive Media Production.
121.10. Disqualification of an Application.
(a) A Qualifying Application may be disqualified at any time
if a project does not meet the necessary requirements or if a Qualifying
Application is incomplete. If a project is disqualified, the Applicant
will be notified by e-mail. Qualifying Applications that have been dis-
qualified may be resubmitted with the required changes or additional
information, no earlier than 60 [30] calendar days before the Principal
Start Date, and no later than 5:00 p.m. Central Time on the fifth Busi-
ness Day preceding the Principal Start Date.
(b) In the case of a change in principal start or completion date,
the Applicant must notify the Texas Film Commission (Commission)
in writing, to include e-mail, of the new principal start or completion
date, and must give the reason(s) for the change. If the start of the
project is delayed repeatedly or for more than 30 days, a Qualifying
Application may be disqualified and the Applicant must reapply.
(c) A Qualifying Application may also be disqualified for rea-
sons including, but not limited to:
(1) Failure to submit required documents and notifications,
or additional documents as requested or as required by this chapter;
(2) Failure to meet minimum requirements for in-state
spending, number of Texas Residents hired, and/or percentage of
Filming Days;
(3) Submission of false information;[.]
(4) Inappropriate content as described in Texas Penal Code
[Annotated], 43.23 or content described by 121.4(b) of this chapter;
(5) Lack of available funding;
(6) Ineligible project as listed in 121.4 of this chapter;
(7) Pursuant and subject to 121.8(a)(6) of this chapter, if
an Applicant fails to confirm that the production began on time; [or](8) Lack of meaningful production activity on a project, as
determined in the Commission's sole discretion, for a period of at least
six months; or
(9) [(8)] Voluntary notification in writing by the Applicant
to the [Texas Film] Commission of the cancellation of the project.
121.11. Confirmation and Verification of Texas Expenditures.
(a) The Applicant should collect, authenticate and assemble
an Expended Budget and all final verifying documentation, including
a CPA Audit Opinion if required by this chapter, and submit it to the
Texas Film Commission (Commission) within 60 days of completing
Texas expenditures. The [Texas Film] Commission will perform the
initial review, and a compliance review may [audit will] be performed
by the Office of the Governor's Compliance and Oversight Division.
(b) The Expended Budget must [should] be in a format accept-
able to the Commission [Office of the Governor] and must [should]
contain all final verifying documentation including, but not limited to:
(1) A Texas Moving Image Industry Incentive Program
Verification Worksheet confirming that all program requirements have
been met and final verifying documentation is complete;
(2) Expenditure reports that document all eligible Texas
spending;
(3) Copies of all invoices, receipts, pay orders and any
other documentation considered necessary by the Commission [Office
of the Governor] for auditing the expenditure reports;
(4) Completed Declaration of Texas Residency Forms for
all Texas Resident Crew and Cast members;
(5) Crew and Cast lists that document Crew and Cast mem-
bers, which also indicate whether such Crew and Cast members were
paid or not (regardless of whether the Applicant was the source of pay-
ment), the absence of which indication shall create the presumption that
such Cast and Crew were indeed paid;
(6) Call sheets, production reports or production calendars
that document all production days;
(7) The CPA Audit Opinion, if required by 121.15 of this
chapter;
(8) Final content;
(A) Feature Films, [and] Television Programs, and Vi-
sual Effects Projects must submit a copy of the [final script er] final
content for review.
(B) Commercials, Digital Interactive Media Produc-
tions, Reality Television Projects and Educational or Instructional
Videos must submit final content (or online access to final content) for
review.
(9) Additional documentation may be required including,
but not limited to, the following:
(A) Financials, including all reports of expenditures.
(B) Proof of payment for expenditures.
()Feture Films and Television Programs that choose
the Texas Wage Option and that spend less than $5 millio n in eligible
LWagt must provide epdtu .repos deeumenting all eigible Texas
spending (no just eligible ord er-lg) in order to salih the
percentage for ealtculating their grant amount (less such percentages
(c) It is the responsibility of the Applicant to ensure that the fi-
nal verifying documentation submitted in the Expended Budget is cor-38 TexReg 4464 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/m1/20/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.