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Texas Government Code - GOV'T § 485.022. Moving Image Industry Incentive Program

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section effective until Sept. 1, 2035.  See, also, § 485.022 effective Sept. 1, 2035.>

(a) The office shall administer a grant program for production companies that produce moving image projects in this state:

(1) using money from the incentive fund;  or

(2) 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(4) can be proved;  and

(2) requirements for the submission, before production of a 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 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.

(c) The office may accept gifts, grants, and donations for the purpose of implementing this subchapter.

(d) The office may award a grant to a production company only based on a production company's in-state spending that the office verifies as having been completed.

(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 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) The following types of projects are not eligible for grants under this subchapter:

(1) pornography or obscene material, as defined by Section 43.21, Penal Code;

(2) news, current event or public access programming, political advertising, including public service announcements that advance a public policy or political position, or programs that include weather or market reports;

(3) local events or religious services;

(4) productions not intended for commercial, educational, or instructional distribution;

(5) sporting events or activities;

(6) awards shows, galas, or telethons and similar programs that solicit funds;

(7) projects intended for undergraduate or graduate course credit;

(8) application software, system software, or middleware;

(9) casino-type video games and interactive digital media experiences used in a gambling device, as defined by Section 47.01, Penal Code;  or

(10) commercials or advertising for this state or any agency or department of this state.

(g) Subsection (f) is not an exclusive list of the types of projects that are ineligible for a grant under this subchapter.  The office has broad authority to:

(1) designate other types of projects as ineligible for a grant;

(2) elect not to take action on a grant application;

(3) deny a grant application;  or

(4) award a grant.

(h) As part of the preliminary application process, the office shall review the proposed content of a moving image project in the manner provided by office rule and advise the prospective applicant whether the content will preclude the project from receiving a grant under this subchapter.

(i) Once an approved project has been completed, the office shall review the final content before issuing the grant payment to determine if any substantial changes occurred during production on a moving image project to include content described by Subsection (e) or (f).

(j) The office has broad discretion to rescind preliminary approval at any point in the grant process.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 485.022. Moving Image Industry Incentive Program - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-485-022/

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