reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter B. Moving Image Industry Incentive Program › Section 485.028. Film Archive Program

Sec. 485.028.  FILM ARCHIVE PROGRAM.  (a)  The office may contract with an organization that is exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986, to provide technical resources regarding archiving moving image projects, improving public access to the moving image heritage of Texas, including campaign material, and discovering, preserving, and collecting digital copies of the moving image heritage of Texas.  A contract entered into under this section must require an organization to:
(1)  provide service to the public;
(2)  assist private organizations statewide; and
(3)  provide technical assistance with archiving and preserving moving images and digitization work.
(b)  The office by rule may develop policies and procedures for coordinating with state agencies to implement this section.
(c)  The office shall establish performance measures for contractors that enter into a contract under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 260 (H.B. 1634), Sec. 7, eff. June 8, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.041. Definitions

Sec. 485.041.  DEFINITIONS.  (a)  Except as provided by Subsection (b), the definitions in Section 1.04, Alcoholic Beverage Code, apply to this subchapter.
(b)  In this subchapter:
(1)  "Mixed beverage gross receipts tax" means the tax imposed by Subchapter B, Chapter 183, Tax Code.
(2)  "Permit holder" means a person who holds a permit issued under Section 151.201, Tax Code.
(3)  "Permittee" has the meaning assigned by Section 183.001(b), Tax Code.
(4)  "Program" means the Texas music incubator rebate program.
(5)  "Sales tax" means the tax imposed by Chapter 151, Tax Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.042. Texas Music Incubator Rebate Program

Sec. 485.042.  TEXAS MUSIC INCUBATOR REBATE PROGRAM.  (a)  The office shall administer the Texas music incubator rebate program under which the office shall provide to eligible music venues and eligible music festival promoters from money appropriated from the Texas music incubator account a full or partial rebate of the mixed beverage gross receipts taxes and sales tax receipts attributable to the sale of beer and wine and remitted to the comptroller annually by those venues and promoters.  The Texas music incubator account shall be funded by mixed beverage gross receipts taxes and sales tax receipts attributable to the sale of beer and wine remitted annually by venues and promoters and deposited into that account as required by Sections 151.801(f) and 183.023(c), Tax Code.  The rebates are to assist eligible music venues and eligible music festival promoters in their efforts to support and continue to bring to local communities in this state live musical performances, including the recruitment of musical performance artists.
(b)  The office may not provide a rebate under the program to a music venue or music festival promoter in an amount that exceeds the lesser of:
(1)  the amount of mixed beverage gross receipts taxes and sales taxes attributable to the sale of beer and wine remitted in the preceding fiscal year to the comptroller by the music venue or music festival promoter as a permittee or permit holder; or
(2)  $100,000.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.043. Eligibility for Rebate

Sec. 485.043.  ELIGIBILITY FOR REBATE.  (a)  Except as provided by Subsection (b), to qualify for a rebate under the program, a music venue or music festival promoter, for at least the two years preceding the date on which the music venue or promoter, as applicable, submits an application under Section 485.044, must have:
(1)  been a permittee subject to the mixed beverage gross receipts tax or a permit holder subject to the sales tax on the sale of beer or wine;
(2)  if the applicant is a music venue, been a retail establishment with a dedicated audience capacity of not more than 3,000 persons;
(3)  if the applicant is a music festival promoter, held a music festival in a county with a population of less than 100,000;
(4)  entered into a written contract with a musical performance artist to conduct a live performance at the venue or festival, as applicable, under which the artist received as compensation a specified percentage of ticket sales for or other sales during the performance, or a guaranteed amount in advance of the performance; and
(5)  met at least five of the following criteria, one of which must be described by Paragraph (A) or (B):
(A)  the marketing of live music performances through listings in printed or electronic publications;
(B)  the provision of live music performances five or more nights per week;
(C)  employment or contracting of the services of one or more people who are tasked with two or more of the following positions or services:
(i)  sound engineer;
(ii)  booker;
(iii)  promoter;
(iv)  stage manager; or
(v)  security personnel;
(D)  having live performance and audience space;
(E)  the provision of technical sound and lighting support, either in-house or through a contract with a vendor;
(F)  having a space for the storage of audio equipment or musical instruments;
(G)  the application of cover charges to one or more live music performances through ticketing or the imposition of a front door entrance fee; or
(H)  the maintenance of hours of operation that coincide with live music performance show times.
(b)  The office may, at the office's discretion, provide a rebate under the program to a music venue or a music festival promoter that fails to meet the eligibility requirements prescribed by Subsection (a) solely because the venue is located, or the festival is usually held, as applicable, in a county located wholly or partly in an area that at any time during the preceding two-year period was declared to be a disaster area by the governor or by the president of the United States.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.044. Rebate Application

Sec. 485.044.  REBATE APPLICATION.  (a)  The office shall:
(1)  subject to Subsection (b), prescribe the application form for obtaining a rebate under the program; and
(2)  establish an online portal on the office's public Internet website that allows a music venue or music festival promoter to submit the application to the office for consideration.
(b)  The application must:
(1)  state the amount of mixed beverage gross receipts tax and sales tax receipts attributable to the sale of beer and wine that was remitted to the comptroller by the music venue or music festival promoter in the preceding fiscal year;
(2)  include sufficient evidence for the office to determine that the music venue or promoter qualifies for a rebate; and
(3)  include any other information the office determines necessary to administer the program.
(c)  The office shall accept rebate applications beginning September 1 of each year and may provide rebates until all the money in the Texas music incubator account is exhausted.
(d)  The office may expedite the review of an application submitted by a music venue or music festival promoter, if the venue is located, or the festival is usually held, as applicable, in a county located wholly or partly in an area that at any time during the preceding two-year period was declared to be a disaster area by the governor or by the president of the United States.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.045. Review of Applications; Rebates

Sec. 485.045.  REVIEW OF APPLICATIONS; REBATES. (a)  After reviewing applications for a rebate under the program, the office shall grant rebates to eligible music venues and music festival promoters that the office determines provide or have committed to provide the most economic benefit to the communities in which the music venues are located or the festivals are held, as applicable, and to the Texas music industry, including live music performers.
(b)  As directed by the office, the comptroller shall issue a warrant for a rebate granted by the office under this section drawn on the Texas music incubator account.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.046. Texas Music Incubator Account

Sec. 485.046.  TEXAS MUSIC INCUBATOR ACCOUNT.  (a)  The Texas music incubator account is a dedicated account in the general revenue fund.  The account is composed of:
(1)  money deposited to the credit of the account under Sections 151.801(f) and 183.023(c), Tax Code;
(2)  gifts, grants, and other money received by the office for the program; and
(3)  other amounts deposited to the credit of the account.
(b)  Money in the account may be appropriated only to the office for the purpose of paying rebates to music venues and certain music festival promoters under the program.
(c)  Interest and other earnings from money in the account shall be credited to the account.
(d)  On the last day of each state fiscal biennium, the comptroller shall transfer any money deposited to the account under Subsection (a)(1) that is unobligated and unexpended on that date to the general revenue fund to be used in accordance with legislative appropriation.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485 - Music, Film, Television, and Multimedia Industries › Subchapter C. Texas Music Incubator Rebate Program › Section 485.047. Rules

Sec. 485.047.  RULES.  The office shall adopt rules necessary to implement and administer this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter A. General Provisions › Section 485A.001. Short Title

Sec. 485A.001.  SHORT TITLE.  This chapter may be cited as the Media Production Development Zone Act.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter A. General Provisions › Section 485A.002. Definitions

Sec. 485A.002.  DEFINITIONS.  In this chapter:
(1)  "Media production facility" means a structure, building, or room used for the specific purpose of creating a moving image project.  The term includes but is not limited to:
(A)  a soundstage and scoring stage;
(B)  a production office;
(C)  an editing facility, an animation production facility, and a video game production facility;
(D)  a storage and construction space; and
(E)  a sound recording studio and motion capture studio.
(2)  "Media production development zone" means an area recognized by a nominating body and approved by the office as a media production development zone under this chapter.
(3)  "Moving image project" means a visual and sound production, including a film, television program, national or multistate commercial, or digital interactive media production.  The term does not include a production that is obscene, as defined by Section 43.21, Penal Code.
(4)  "Nominating body" means the governing body of a municipality or county, or a combination of the governing bodies of municipalities or counties, that:
(A)  recognizes a qualified area as a media production development zone; and
(B)  nominates and applies for designation of a location in a media production development zone as a qualified media production location.
(5)  "Office" means the Music, Film, Television, and Multimedia Office within the office of the governor.
(6)  "Qualified media production location" means a location in a media production development zone that has been designated by the office as a qualified media production location in accordance with this chapter.
(7)  "Qualified person" means a person certified as a qualified person under Section 485A.201.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter A. General Provisions › Section 485A.003. Jurisdiction of Municipality

Sec. 485A.003.  JURISDICTION OF MUNICIPALITY.  For the purposes of this chapter, territory in the extraterritorial jurisdiction of a municipality is considered to be in the jurisdiction of the municipality.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter B. Office Powers and Duties in General › Section 485A.051. General Powers and Duties

Sec. 485A.051.  GENERAL POWERS AND DUTIES.  (a)  Except as provided by Subsection (b), the office shall administer and monitor the implementation of this chapter.
(b)  The office and the comptroller's office shall jointly establish criteria and procedures for:
(1)  approving a qualified area recognized as a media production development zone by a nominating body;
(2)  designating a qualified location in a media production development zone as a qualified media production location; and
(3)  certifying a person as a qualified person under Section 485A.201.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter B. Office Powers and Duties in General › Section 485A.052. Rulemaking Authority

Sec. 485A.052.  RULEMAKING AUTHORITY.  The office shall adopt rules necessary to implement this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter B. Office Powers and Duties in General › Section 485A.053. Annual Report

Sec. 485A.053.  ANNUAL REPORT.  On or before December 15 of each year, the office shall submit to the governor, the legislature, and the Legislative Budget Board a report that:
(1)  evaluates the effectiveness of the media production development zone program; and
(2)  describes the use of state and local incentives under this chapter and their effect on revenue.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter B. Office Powers and Duties in General › Section 485A.054. Assistance

Sec. 485A.054.  ASSISTANCE.  The office shall provide to persons desiring to construct, expand, maintain, improve, or renovate a media production facility in a qualified media production location information and appropriate assistance relating to the required legal authorization, including a permit, certificate, approval, and registration, necessary in this state to accomplish that objective.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.101. Criteria for Media Production Development Zone Recognition

Sec. 485A.101.  CRITERIA FOR MEDIA PRODUCTION DEVELOPMENT ZONE RECOGNITION.  To be approved as a media production development zone, an area:
(1)  must be in a metropolitan statistical area, the principal municipality of which has the adequate workforce, infrastructure, facilities, or resources to support the production and completion of moving image projects;
(2)  must be recognized as a media production development zone by ordinance or order, as appropriate, of a municipality or the commissioners court of a county; and
(3)  will contain a qualified media production location within its geographical boundaries that meets the criteria under Section 485A.102.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 544 (H.B. 4051), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.102. Criteria for Qualified Media Production Location Designation

Sec. 485A.102.  CRITERIA FOR QUALIFIED MEDIA PRODUCTION LOCATION DESIGNATION.  To be designated a qualified media production location, a location must be land or other real property that is in a media production development zone and will:
(1)  be used exclusively to build or construct one or more media production facilities;
(2)  if the real property is a building or other facility, be renovated solely for the purpose of being converted into one or more media production facilities; or
(3)  if the real property consists solely of one or more media production facilities, be improved or renovated for that purpose or will be expanded into one or more additional media production facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.103. Maximum Number of Zones and Locations Throughout State

Sec. 485A.103.  MAXIMUM NUMBER OF ZONES AND LOCATIONS THROUGHOUT STATE.  (a)  There may not be more than 10 media production development zone designations under this chapter at any one time.
(b)  There may not be more than five media production development zones under this chapter in a region at any one time.
(c)  Each media production development zone may not contain more than three media production locations at any one time.
(d)  For purposes of Subsection (b), the office shall divide the state into regions consisting of geographical boundaries prescribed by office rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.104. Nomination of Qualified Media Production Location

Sec. 485A.104.  NOMINATION OF QUALIFIED MEDIA PRODUCTION LOCATION.  (a)  The governing body of a municipality or county, individually or in combination with other municipalities or counties, by ordinance or order, as appropriate, may nominate as a qualified media production location a location within its jurisdiction that meets the criteria under Section 485A.102.
(b)  The governing body of a county may not nominate territory in a municipality, including extraterritorial jurisdiction of a municipality, to be included in a proposed qualified media production location unless the governing body of the municipality also nominates the territory and together with the county files a joint application under Section 485A.106.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.105. Nominating Ordinance or Order

Sec. 485A.105.  NOMINATING ORDINANCE OR ORDER.  An ordinance or order nominating a location as a qualified media production location must:
(1)  describe precisely both the media production development zone in which the location is to be included and the proposed location by a legal description or reference to municipal or county boundaries;
(2)  state a finding that the location meets the requirements of this chapter and that the media production development zone in which the location is to be included has been recognized as a zone by ordinance or order, as appropriate, by the nominating body;
(3)  summarize briefly the local financial incentives, including tax incentives, that, at the election of the nominating body, will apply to a qualified person;
(4)  contain a brief description of the project or activity to be conducted by a qualified person at the location;
(5)  nominate the location as a qualified media production location; and
(6)  contain an economic impact analysis from an economic expert.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.106. Application for Designation

Sec. 485A.106.  APPLICATION FOR DESIGNATION.  (a)  For a location in a media production development zone to be designated as a qualified media production location, the nominating body, after nominating the location as a qualified media production location, must send to the office a written application for designation of the location in the zone as a qualified media production location.
(b)  The application must include:
(1)  a certified copy of the ordinance or order, as appropriate, nominating the location as a media production location;
(2)  a certified copy of the ordinance or order, as appropriate, recognizing the zone in which the location is to be included as a media production development zone;
(3)  appropriate supporting documents demonstrating that the location qualifies for designation as a qualified media production location;
(4)  an estimate of the economic impact of the designation of the location as a qualified media production location on the revenues of the governmental entity or entities nominating the location as a qualified media production location, considering the financial incentives and benefits contemplated;
(5)  an economic impact analysis of the proposed project or activities to be conducted at the proposed qualified media production location, which must include:
(A)  an estimate of the amount of revenue to be generated to the state by the project or activity;
(B)  an estimate of any secondary economic benefits to be generated by the project or activity;
(C)  an estimate of the amount of state taxes to be exempted, as provided by Section 151.3415, Tax Code; and
(D)  any other information required by the comptroller for purposes of making the certification required by Section 485A.109(b); and
(6)  any additional information the office requires.
(c)  Information required by Subsection (b) is for evaluation purposes only.
(d)  The economic impact analysis required by Subsection (b)(5) must also be submitted to the comptroller.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.107. Advisory Committee

Sec. 485A.107.  ADVISORY COMMITTEE.  (a)  The media production advisory committee is composed of the following members:
(1)  the director of the Texas Film Commission division of the governor's office;
(2)  one representative of the comptroller's office, appointed by the comptroller; and
(3)  subject to Subsection (b), nine representatives appointed by the comptroller.
(b)  In making appointments to the advisory committee under Subsection (a)(3), the comptroller shall provide for a balanced representation of the different geographic regions of this state.  Each of the following types of companies or organizations must be represented by at least one member serving on the advisory committee:
(1)  animation production companies;
(2)  film and television production companies;
(3)  labor or workforce organizations;
(4)  equipment vendors;
(5)  the video gaming industry; and
(6)  commercial production companies.
(c)  The director of the Texas Film Commission division of the office of the governor serves as the presiding officer of the advisory committee.  The advisory committee shall meet at the call of the presiding officer.
(d)  The advisory committee, through review of applications submitted under Section 485A.108, shall make recommendations to the office for designation of qualified media production locations under this subchapter.  The office may provide administrative support to the advisory committee.
(e)  Section 2110.008 does not apply to the advisory committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.108. Review of Application

Sec. 485A.108.  REVIEW OF APPLICATION.  (a)  On receipt of an application for the designation of a qualified media production location, the office shall review the application to determine whether the nominated location qualifies for designation as a qualified media production location under this chapter.
(b)  The office shall consider recommendations submitted by the media production advisory committee with respect to applications received by the office.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.109. Designation

Sec. 485A.109.  DESIGNATION.  (a)  If the office determines that a nominated location for which a designation application has been received satisfies the criteria under Section 485A.102 and on recommendation of the media production advisory committee, the office may designate the nominated location as a qualified media production location unless the office determines that the designation request should be denied for the reasons specified by Section 485A.110.
(b)  A designation of a qualified media production location may not be made under this section until the comptroller, based on an evaluation of the economic impact analysis submitted under Section 485A.106(b)(5), certifies that the project or activity to be conducted at the designated location will have a positive impact on state revenue.
(c)  On designation of the first qualified media production location in a media production development zone recognized by the nominating body for that purpose, the office shall simultaneously approve the media production development zone.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.110. Denial of Application; Notice

Sec. 485A.110.  DENIAL OF APPLICATION; NOTICE.  (a)  The office shall deny an application for the designation of a qualified media production location if:
(1)  the  office determines that the nominated location does not satisfy the criteria under Section 485A.102;
(2)  the office determines that the number of media production location designations or number of approved media production development zones at the time of the application are at the maximum limit prescribed by Section 485A.103; or
(3)  the comptroller has not certified that the proposed project or activity to be conducted at the location will have a positive impact on state revenue.
(b)  The office shall inform the nominating body of the specific reasons for denial of an application under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.111. Period of Approval or Designation

Sec. 485A.111.  PERIOD OF APPROVAL OR DESIGNATION.  (a)  An area that qualifies under this subchapter may be approved by the office as a media production development zone for a maximum of five years after the date the last qualified media production location was designated within the zone's boundaries.
(b)  A location may be designated as a qualified media production location, and may be eligible for the sales and use tax exemption as provided by Section 151.3415, Tax Code, for a maximum of two years.
(c)  Except as provided by Section 485A.112, a media production development zone approval and qualified media production location designation remains in effect until September 1 of the final year of the approval or designation, as appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter C. Approval of Media Production Development Zone and Designation of Qualified Media Production Locations › Section 485A.112. Removal of Approval or Designation

Sec. 485A.112.  REMOVAL OF APPROVAL OR DESIGNATION.  (a)  The office may remove the approval of an area recognized as a media production development zone if the area no longer meets the criteria for that recognition under this chapter or by office rule adopted under this chapter.
(b)  The office may remove the designation of a location as a qualified media production location if the location no longer meets the criteria for that designation under this chapter or by office rule adopted under this chapter.
(c)  The removal of a designation or approval does not affect the validity of a tax incentive granted or accrued before the removal.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter D. Administration of Media Production Location › Section 485A.151. Annual Report

Sec. 485A.151.  ANNUAL REPORT.  (a)  For purposes of this section, the governing body of a qualified media production location is the governing body of the municipality or county, or the governing bodies of the combination of municipalities or counties, that applied to have the location designated as a qualified media production location.
(b)  Not later than October 1 of each year, the governing body of a qualified media production location shall submit to the office a report in the form prescribed by the office.
(c)  The report must include for the year preceding the date of the report:
(1)  the use of local incentives for which the governing body provided in the ordinance or order nominating the qualified media production location and the effect of those incentives on revenue;
(2)  the number of qualified persons engaging in a project or activity related to a media production facility at the qualified media production location; and
(3)  the types of projects or activities engaged or to be engaged in by qualified persons at the qualified media production location.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter E. Qualified Person Designation and Certification › Section 485A.201. Qualified Person

Sec. 485A.201.  QUALIFIED PERSON.  A person is a qualified person if the office, for the purpose of state benefits under this chapter, or the nominating body of a qualified media production location, for the purpose of local benefits, certifies that the person, not later than 18 months after the date of the designation:
(1)  will build or construct one or more media production facilities at a location;
(2)  will renovate a building or facility solely for the purpose of being converted into one or more media production facilities at a location; or
(3)  will renovate or expand one or more media production facilities at a location.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter E. Qualified Person Designation and Certification › Section 485A.202. Prohibition on Qualified Person Certification

Sec. 485A.202.  PROHIBITION ON QUALIFIED PERSON CERTIFICATION.  If the office determines that the nominating body of a qualified media production location is not complying with this chapter, the office shall prohibit the certification of a qualified person at the location until the office determines that the nominating body is complying with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter E. Qualified Person Designation and Certification › Section 485A.203. Duration of Designation

Sec. 485A.203.  DURATION OF DESIGNATION.  Except as provided by Section 485A.204, the office's certification of a person as a qualified person is effective until the second anniversary of the date the designation is made, regardless of whether the designation of the qualified media production location at which the qualified person is to perform its commitments under this chapter is terminated before that date.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter E. Qualified Person Designation and Certification › Section 485A.204. Removal of Designation

Sec. 485A.204.  REMOVAL OF DESIGNATION.  The office shall remove the certification of a qualified person for state benefits under this chapter if the office determines that the construction, renovation, improvement, maintenance, or expansion of a media production facility has not been completed at the qualified media production location for which it has received its certification within the period prescribed by Section 485A.201.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter F. Media Production Location Benefits › Section 485A.251. Exemption From Sales and Use Tax

Sec. 485A.251.  EXEMPTION FROM SALES AND USE TAX.  Certain items are exempt from the sales and use tax as provided by Section 151.3415, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 485A - Media Production Development Zones › Subchapter F. Media Production Location Benefits › Section 485A.252. Monitoring Qualified Person Commitments

Sec. 485A.252.  MONITORING QUALIFIED PERSON COMMITMENTS.  (a)  The office may monitor a qualified person to determine whether and to what extent the qualified person has followed through on the commitments made by the qualified person under this chapter.
(b)  The office may determine that the qualified person is not entitled to a tax exemption under Section 151.3415, Tax Code, if the office determines that the qualified person:
(1)  is not willing to cooperate with the office in providing information needed by the office to make the determination under Subsection (a);
(2)  has substantially failed to follow through on the commitments made by the person under this chapter before the first anniversary of the date of the qualified media production location designation; or
(3)  fails to submit the report required by Section 151.3415, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1390 (S.B. 1929), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter A. General Provisions › Section 487.001. Definitions

Sec. 487.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 148, Sec. 44(1), eff. September 1, 2013.
(2)  "Commissioner" means the commissioner of agriculture.
(3)  "Department" means the Department of Agriculture.
(4)  "Office" means the Office of Rural Affairs established within the Department of Agriculture under Section 12.038, Agriculture Code.
Added by Acts 2001, 77th Leg., ch. 1424, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1241 (H.B. 2542), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 9, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 62.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 148 (H.B. 1493), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 148 (H.B. 1493), Sec. 44(1), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter A. General Provisions › Section 487.003. Reference in Law

Sec. 487.003.  REFERENCE IN LAW.  (a)  A reference in this chapter or other law to the Texas Department of Rural Affairs or the Office of Rural Community Affairs means the office, and a reference in this chapter or other law to the board of the Texas Department of Rural Affairs means the commissioner.
(b)  A reference in law to the executive director of the Texas Department of Rural Affairs means the director of the Office of Rural Affairs appointed under Section 12.038, Agriculture Code.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 62.03, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter B. Administrative Provisions › Section 487.026. Director

Sec. 487.026.  DIRECTOR.   The director serves as the chief executive officer of the office and performs the administrative duties of the office.
Added by Acts 2001, 77th Leg., ch. 1424, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1241 (H.B. 2542), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 15, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 62.04, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 148 (H.B. 1493), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter C. General Powers and Duties › Section 487.052. Rules

Sec. 487.052.  RULES.  The department may adopt rules as necessary to implement this chapter.
Added by Acts 2001, 77th Leg., ch. 1424, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1241 (H.B. 2542), Sec. 10, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 148 (H.B. 1493), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter C. General Powers and Duties › Section 487.055. Advisory Committees

Sec. 487.055.  ADVISORY COMMITTEES.  (a)  The commissioner may appoint advisory committees as necessary to assist the office in performing its duties.  An advisory committee may be composed of private citizens and representatives from state and local governmental entities.  A state or local governmental entity shall appoint a representative to an advisory committee at the request of the commissioner.
(b)  Chapter 2110 does not apply to an advisory committee created under this section.
Added by Acts 2001, 77th Leg., ch. 1424, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1241 (H.B. 2542), Sec. 13, eff. June 15, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 62.07, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter C. General Powers and Duties › Section 487.060. Application Requirement for Colonias Projects

Sec. 487.060.  APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921, Water Code;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(d)  Regarding any projects funded by the department that serve colonias by providing water or wastewater services, paved roads, or other assistance, the department shall require an applicant for the funds to submit to the department a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the department may contact the secretary of state or the secretary of state's representative to obtain a number.  On request of the department, the secretary of state or the secretary of state's representative shall assign a classification number.
Added by Acts 2005, 79th Leg., Ch. 828 (S.B. 827), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 29, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 148 (H.B. 1493), Sec. 6, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.03, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.04, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter D. Outstanding Rural Scholar Recognition and Loan Program for Rural Health Care › Section 487.101. Definitions

Sec. 487.101.  DEFINITIONS.  In this subchapter:
(1)  "Selection committee" means the Outstanding Rural Scholar Selection Committee.
(2)  "Fund" means the outstanding rural scholar fund.
(3)  "Postsecondary educational institution" means:
(A)  an institution of higher education, as defined by Section 61.003, Education Code;
(B)  a nonprofit, independent institution approved under Section 61.222, Education Code; or
(C)  a nonprofit, health-related school or program accredited by the Southern Association of Colleges and Schools, the Liaison Committee on Medical Education, the American Osteopathic Association, the Texas Board of Nursing, or, in the case of allied health, an accrediting body recognized by the United States Department of Education.
(4)  "Program" means the outstanding rural scholar recognition and loan program for rural health care.
(5)  "Rural community" means a municipality in a nonmetropolitan county as defined by the United States Census Bureau in its most recent census.
Added by Acts 2001, 77th Leg., ch. 1424, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.004, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 56, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle F - Commerce and Industrial Development › Chapter 487 - Office of Rural Affairs in Department of Agriculture › Subchapter D. Outstanding Rural Scholar Recognition and Loan Program for Rural Health Care › Section 487.102. Administration

Sec. 487.102.  ADMINISTRATION.  The department shall administer or contract for the administration of the program.
Added by Acts 2001, 77th Leg., ch. 1424, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 31, eff. September 1, 2009.