reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 7 - STATE PRESERVATION BOARD › Chapter 111 - RULES AND REGULATIONS OF THE BOARD › Section 111.43 - Monthly Parking Fees, Payment, and Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees. A monthly charge for assigned
				parking will be at the rate set by the state legislature, or if no rate is set,
				at a rate set by the board. The board sets the rate at $10 per reserved space
				per month.
(b) Payment. Monthly
				charges shall be paid quarterly in advance, due on the first day of September,
				December, March, and June. The payment is considered delinquent on the 10th of
				the month, at which time a notice is sent to the agency advising the agency to
				remit payment within five working days of the date of notice.
(c) All agencies must remit payment for
				spaces or be subject to the loss of the privilege of the reserved parking
				space(s).
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 7 - STATE PRESERVATION BOARD › Chapter 111 - RULES AND REGULATIONS OF THE BOARD › Section 111.45 - Employee Leave Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) Sick Leave
				Pool. A sick leave pool is established according to requirements and conditions
				of Tex. Gov. Code, Chapter 661 to provide for the alleviation of hardship
				caused to an employee and the employee's family if a catastrophic illness or
				injury forces the employee to exhaust all leave time earned by that employee
				and to lose compensation from the state.
(1)
				The human resources manager is designated as the pool administrator.
(2) The pool administrator, with the advice
				and consent of the executive director, will establish operating procedures
				consistent with the requirements of this section and relevant law governing
				operation of the pool. The pool administrator will ensure procedures are
				contained and made available to all agency employees in the agency's HR policy
				manual.
(3) An employee may
				contribute to the pool only by written request in which the employee certifies
				that the contribution is strictly voluntary.
(4) This policy is subject to change unless
				prohibited by statute.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 7 - STATE PRESERVATION BOARD › Chapter 111 - RULES AND REGULATIONS OF THE BOARD › Section 111.46 - Bid Procedures

Current through Reg. 49, No. 28; July 12, 2024
The board adopts by reference the Comptroller of Public
				  Accounts rule for Bid Submission, Bid Opening, and Tabulation. The rule being
				  adopted by reference has been published as 34 TAC §
									RSA 20.35.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 7 - STATE PRESERVATION BOARD › Chapter 111 - RULES AND REGULATIONS OF THE BOARD › Section 111.47 - Negotiation and Mediation of Certain Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
The board adopts by reference the rules of the Office of the
				  Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 68
				  relating to Negotiation and Mediation of Certain Contract Disputes to comply
				  with the requirements of Government Code, Chapter 2260, §
									RSA 2260.052(c). The
				  rules set forth a process to permit parties to structure a negotiation or
				  mediation in a manner that is most appropriate for a particular dispute
				  regardless of the contract's complexity, subject matter, dollar amount, or
				  method and time of performance.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 7 - STATE PRESERVATION BOARD › Chapter 111 - RULES AND REGULATIONS OF THE BOARD › Section 111.48 - Procedure for contracts requiring enhanced contract or performance monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Contracts for
				the purchase of goods or services that have a value in excess of $1 million
				will be identified for enhanced contract or performance monitoring.
(b) Contracts that are identified for
				enhanced contract or performance monitoring will be reported to the
				Board.
(c) Contracts will be
				monitored in accordance with policies and procedures in the SPB contract
				management handbook.
(d) The Board
				will be notified, as appropriate, of any serious issue or risk that is
				identified with respect to a contract monitored under this rule.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.1 - Background and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(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 Applicant, subject to
				this Chapter and Chapter
				485 of the Texas
				Government Code.
(2) Grants are
				available upon submission of all required documentation by the Applicant to the
				Commission, initial verification by the Commission and a compliance review by
				the Office of the Governor. These grants are in addition to the sales tax
				exemptions described in Sections
				151.318 and
				151.3185 of the Texas Tax
				Code and §3.300 of Title 34 of the Texas Administrative Code.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Applicant--
(A) For Feature Films, Television Programs,
				Visual Effects Projects for Feature Films or Television Programs, Reality
				Television Projects or Educational or Instructional Videos: either the
				Production Company producing the project or the owner of the
				copyright.
(B) For Commercials or
				Visual Effects Projects for Commercials: the Production Company, advertising
				agency, or client; provided, however, that if an advertising agency or client
				applies as the Applicant, but a Production Company expends the funds in the
				state in connection with a project, then either a chain of downstream payment
				from the Applicant to the Production Company or a production services agreement
				must be evidenced in connection with the submission of the Expended
				Budget.
(C) For Digital Interactive
				Media Productions: the Production Company, game or content developer, or game
				publisher.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.3 - Eligible Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) A project may be eligible for a grant under the Texas Moving Image Industry Incentive Program if it meets the stated minimum requirements listed in Subsections (b) - (h) of this Section, is appropriate in content, and represents a potential economic impact in Texas, as assessed in §
									121.9(c)(3) of this Chapter, that is sufficient to justify acceptance in the program.
(b) Feature Films.
(1) Feature Film Applicants must expend a minimum of $250,000 in in-state spending.
(2) Applicants must film at least 60% of a project in Texas. Applicants must fulfill this requirement by:
(A) completing at least 60% of Filming Days in Texas; or
(B) if the Texas Film Commission (Commission) provides prior written approval:
(i) completing at least 60% of the total project Man Hours in Texas; or
(ii) having at least 60% of the actual locations used and paid for, not including basecamps, in Texas.
(3) Except as provided in paragraph (4) of this Subsection, 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(4) For animated or documentary Feature Films, 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.4 - Ineligible Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				types of projects are not eligible for grants under this program:
(1) pornography or obscene material, as
				defined by Section
				43.21 of the Texas Penal
				Code;
(2) news, current event or
				public access programming, political advertising, including public service
				announcements which 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, telethons or
				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
				such term is defined in Section
				47.01 of the Texas Penal
				Code; or
(10) Commercials or
				advertising for the State of Texas or any Texas state agency or
				department.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.6 - Grant Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) Feature Films,
				Television Programs, and Visual Effects Projects for Feature Films or
				Television Programs with total eligible in-state spending of:
(1) At least $250,000 but less than $1
				million shall be eligible to receive a grant equal to 5% of eligible in-state
				spending.
(2) At least $1 million
				but less than $3.5 million shall be eligible to receive a grant equal to 10% of
				eligible in-state spending.
(3) At
				least $3.5 million shall be eligible to receive a grant equal to 20% of
				eligible in-state spending.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.7 - Additional Grant Award

Current through Reg. 49, No. 28; July 12, 2024
An applicant shall be eligible for a single additional grant
				  equal to 2.5% of total in-state spending by meeting one of the
				  following:
(1) Completing at least 25%
				of their total Filming Days or Man Hours, as applicable, in Underutilized or
				Economically Distressed Areas (UEDAs).
(A) In
				the event that multiple locations are utilized within a single Filming Day, in
				order to calculate the 25% of total Filming Days in UEDAs necessary to receive
				this additional grant, the Texas Film Commission (Commission) shall pro-rate a
				given Filming Day by the number of shooting locations reflected on production
				reports furnished by an Applicant to the Commission. For example, if eight
				shooting locations are utilized in a Filming Day, and five are located in
				UEDAs, 5/8 of that Filming Day shall count in calculating the 25% of total
				Filming Days necessary for this additional grant.
(B) If one or more shooting locations is not
				located in a UEDA, but is serviced by a basecamp located in a UEDA, such
				shooting locations shall be deemed to be located in a UEDA when calculating the
				25% of total Filming Days necessary for this additional grant. A Production
				Company must have paid financial consideration to the owner/leaseholder of the
				basecamp location pursuant to a location agreement to be considered a
				"basecamp" under this subparagraph. The basecamp location must be listed on the
				call sheets and/or other relevant production documentation.
(C) The Commission shall identify the areas
				that qualify for designation as UEDAs.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.8 - Grant Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial
				Submission
(1) A Qualifying Application
				includes:
(A) A completed Qualifying
				Application form for the Texas Moving Image Industry Incentive
				Program;
(B) An itemized budget
				detailing only estimated Texas expenditures; and
(C) A Content Document:
(i) for Feature Films, Television Programs
				(except Episodic Television Series) and Visual Effects Projects for Feature
				Films and Television Programs: the full script;
(ii) for Episodic Television Series: the full
				script of the first episode to be filmed in Texas;
(iii) for Commercials, Educational or
				Instructional Videos, and Visual Effects Projects for Commercials or
				Educational or Instructional Videos: the scripts, storyboards, or detailed
				outlines/summaries of content;
(iv)
				for Digital Interactive Media Productions: a summary of game content providing
				sufficient detail concerning the platform, themes, settings, story, characters,
				and events; or
(v) for Reality
				Television Projects: a detailed treatment or outline of program
				content.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.9 - Processing and Review of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				applications shall be reviewed in the order they are received.
(b) Initial Review.
(1) Each application shall go through an
				initial review process when the Qualifying Application is received.
(A) If an Applicant submits a Qualifying
				Application with all required materials, the Texas Film Commission (Commission)
				shall notify the Applicant by e-mail that the Commission has received the
				Applicant's complete application, and the preliminary eligibility determination
				process shall begin.
(B) If an
				Applicant submits a Qualifying Application without all required materials, the
				Commission shall notify the Applicant by e-mail that the Applicant's
				application requires additional materials or documentation, and that not
				receiving them by the fifth Business Day prior to the project's Principle Start
				Date may result in disqualification of the application.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.10 - Disqualification of an Application

Current through Reg. 49, No. 28; July 12, 2024
(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
				Qualifying Application is disqualified, the Texas Film Commission (Commission)
				shall notify the Applicant by e-mail. Qualifying Applications that have been
				disqualified may be resubmitted with the required changes or additional
				information, no earlier than 180 calendar days before the Principal Start Date,
				and no later than 5:00 p.m. Central Time on the fifth Business Day preceding
				the Principal Start Date.
(b) In
				the event that the principal start or completion date is changed, the Applicant
				must notify the Commission in writing, to include e-mail, of the new principal
				start or completion date, and must provide sufficient reasoning for the change.
				If the start of the project is delayed two or more times or for more than 30
				days, a Qualifying Application may be disqualified and the Applicant may be
				required to reapply.
(c) A
				Qualifying Application may be disqualified for reasons 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 Section
				43.21 of the Texas Penal
				Code 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;
(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) a written, voluntary notification by the
				Applicant to the Commission of the cancellation of the project.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.11 - Confirmation and Verification of Texas Expenditures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Applicant must collect, authenticate and assemble an Expended Budget and all
				final verifying documentation and submit it to the Texas Film Commission
				(Commission) within 60 days of completing Texas expenditures. The Commission
				shall perform the initial review, and a compliance review shall be performed by
				the Office of the Governor.
(b) The
				Expended Budget must be in a format acceptable to the Commission and must
				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 and worksheets that
				document all eligible Texas spending;
(3) copies of all invoices, receipts, pay
				orders, proof of payment, and any other documentation the Commission considers
				to be necessary for review of the expenditure reports;
(4) completed Declaration of Texas Residency
				Forms for all Texas Resident employees, contractors, Crew, and Cast
				members;
(5) employees, Crew, and
				Cast lists that document employees, Crew, and Cast members and indicate whether
				such employees, Crew, and Cast members were paid or not (regardless of whether
				the Applicant was the source of payment), with the absence of such indication
				creating the presumption that such employees, Cast, and Crew were
				paid;
(6) call sheets, production
				reports or production calendars that document all Filming Days and production
				days;
(7) a copy of final content
				or online access to final content;
(8) any other documentation the Commission
				requires, including, but not limited to, financials with all reports of
				expenditures.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.12 - Disbursement of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Disbursement of
				funds shall not occur until the Applicant has paid all financial obligations
				incurred to the State of Texas, and the Office of the Governor has completed
				and approved a final compliance review.
(b) In the event of unpaid financial
				obligations to the State of Texas, the Office of the Governor shall determine
				whether or not to withhold grant disbursement, pending resolution of the unpaid
				financial obligation.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.13 - Texas Heritage Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Film
				Commission (Commission) may, in its sole discretion, designate a Feature Film
				or Television Program as a Texas Heritage Project.
(b) A project that the Commission designates
				as a Texas Heritage Project may receive an additional grant in an amount equal
				to 2.5% of total in-state spending.
(c) When evaluating a project as a Texas
				Heritage Project, the Commission shall consider the project's:
(1) current and likely future effect on the
				promotion of Texas' historic, cultural, natural, or man-made
				resources;
(2) current and likely
				future economic impact on Texas communities through direct production spending
				and tourism;
(3) inclusion of Texas
				residents in positions of significant creative or economic influence, such as
				producer, director, or investor; and
(4) portrayal of Texas and Texans in a
				positive fashion.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 121 - TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM › Section 121.14 - Revocation and Recapture of Incentives

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant's
				eligibility for funds may be revoked after the project is completed for the
				reasons enumerated in §
									121.10(c) of this
				Chapter or in accordance with the grant agreement.
(b) If an Applicant has already received
				grant funds under this Chapter and the Texas Film Commission (Commission)
				determines the Applicant does not meet a requirement, the Commission may
				require that the Applicant return any sum of the grant funds paid to the
				Applicant.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.1 - Background and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Background.
				House Bill 374 establishes the rules and processes for the temporary use of
				state properties by a production company for production activity. It also
				establishes that a state property can be used seven days during a fiscal year
				without charge, other than the reimbursement of additional costs. This Act
				takes effect September 1, 2007.
(b)
				Purpose.
(1) Texas has had a prodigious film
				industry for decades, and has always been popular with filmmakers worldwide for
				its varied and beautiful locations. It has been the Texas Film Commission's
				(TFC) responsibility since 1971 to help filmmakers find the right location, and
				state properties have always been popular choices. Establishing rules and
				processes for filming at these locations will make it easier for filmmakers to
				use their preferred locations, as well as take the burden of communicating with
				and supervising production companies off the state property.
(2) The Texas Film Commission is also
				responsible for attracting production activity to Texas because of its positive
				impact on the State's economy and workforce. The use of state properties for
				free for seven days of each fiscal year will be another tool that the TFC can
				use to attract filmmakers to Texas, increasing our competitive edge.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.3 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) In order for a production company to be
				eligible to conduct production activity on a state property, they must meet the
				following requirements.
(1) must have
				production insurance in the amount required by the desired location that names
				the State of Texas as an additionally insured; and
(2) must be a film, television, or commercial
				project for educational, industrial, or commercial purposes.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.4 - Ineligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) A production company will not be eligible
				to conduct production activity on a state property if they fall under one of
				the following conditions.
(1) The production
				company does not have production insurance in the amount required by the
				desired location that names the State of Texas as an additionally insured;
				and/or
(2) The content of the
				project is obscene in nature, as defined by Texas Penal Code §
										RSA 43.21.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.5 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Once a
				production company has decided to use a state property for production activity,
				they must complete a Request for Use Application. The Application can be found
				at the Texas Film Commission Web site
				http://www.governor.state.tx.us/divisions/film, or by contacting the Texas Film
				Commission if internet access is not available or special needs facilitation is
				required.
(b) Applications must be
				received before the commencement of production activity at the desired
				location, and must include the following:
(1)
				a completed Request for Use Application; and
(2) a certificate of liability insurance in
				the amount required by the desired location that names the State as an
				additionally insured.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.6 - Approval Process

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				applications will be reviewed in the order they are received by the Texas Film
				Commission.
(b) Once a production
				company submits an application, the Texas Film Commission will email the
				Applicant notifying them that their application has been received.
(c) The Texas Film Commission staff will then
				review the application to determine if the production company meets the minimum
				qualifications, and that all the information provided is clear and reasonable.
				The Staff will contact the Applicant to verify that all the information on the
				application is correct. At that time, Applicants will have the ability to amend
				their application. The Texas Film Commission will determine whether an
				Applicant's amendment(s) may require them to reapply, and/or whether additional
				documentation from the Production Company is required for the approval
				process.
(d) The Texas Film
				Commission Staff will notify the state agency governing the Applicant's desired
				location in writing of the request of use once the application has been
				reviewed. The state agency and the Texas Film Commission will determine if the
				request is feasible based on location availability, description of production
				activity, and location's capabilities.
(e) The Texas Film Commission Staff will
				notify the Applicant in writing of whether or not their request has been
				approved once the application has been approved by all necessary
				parties.
(f) Once the Applicant has
				been approved, a contract will be executed between the Applicant and the State
				of Texas for use of the property.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.7 - Applicant's Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Applicant is responsible for paying location fees.
(1) The Texas Film Commission, in conjunction
				with the Applicant's desired location and the state agency governing that
				property, will determine the fee to be charged for each day that production
				activity will occur on the property based on the length of use, loss of
				business, and impact on the property. The location fee will be stated in the
				contract between the Applicant and the state property, and is non-negotiable
				after that point.
(2) The Applicant
				shall deposit the location fees to the credit of the State of Texas,
				Comptroller of Public Accounts, and is expected to do so on or before the first
				day of production activity. Failure to follow these rules may result in the
				immediate disqualification of the Applicant or similar consequences.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.8 - Process During Production Activity

Current through Reg. 49, No. 28; July 12, 2024
The Texas Film Commission will supervise all production
				  activity on state property by a production company, and will determine, on a
				  case by case basis, the supervisory conditions needed for the particular
				  activity. The Texas Film Commission reserves the right to be on location during
				  production activity, and to request additional documentation from the
				  production company to determine that they used the state property in the manner
				  agreed upon.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.9 - Seven Days of Location Fee Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Texas Film Commission may allow each state property to be used without a
				location fee charge for seven days during each state fiscal year, and may
				determine the allocation of those days. The location fee waiver can only be
				used for filming days, and cannot count for areas of the state property used as
				a support location.
(b) The waiver
				does not apply to any other fees including, but not limited to, security
				deposits and actual costs.
(c)
				Projects that are eligible to receive location fee waivers are listed in
				§122.3 relating to Eligibility.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.10 - Rights of the Location and the Texas Film Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) All state properties and the agencies
				that govern those properties have the right to decline production activity on
				their property for reasons including, but not limited too, that the use will
				significantly interfere with the conduct of state business. A state agency can
				decide to deviate from the processes listed in this chapter after an initial
				application has been sent to the Texas Film Commission if it is determined to
				be the best course of action by both the Texas Film Commission and the agency.
				A property and/or a state agency can also elect for the Texas Film Commission
				to act as the liaison for the location.
(b) The Texas Film Commission reserves the
				right to take themselves out of the contract and negotiations for use of a
				state property if it is determined that the request does not fit within the
				parameters of the rules set forth in this chapter or if it is desired by the
				state agency. The Texas Film Commission also reserves the right to decline a
				request of use for any reason.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 122 - TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES › Section 122.11 - Disqualifications

Current through Reg. 49, No. 28; July 12, 2024
A Production Company may be prohibited from conducting
				  production activity on a state property at any time for the following
				  reasons.
(1) Failure to submit
				required or additional documents;
(2) Submission of false
				information;
(3) Failure to pay
				location fees or security deposit on time;
(4) Using the property for pornographic
				scenes, as defined by Texas Penal Code §
									RSA 43.21;
(5) Ineligibile project as listed in
				§122.4 relating to Ineligibility; and
(6) Not following location's code of
				conduct.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.1 - Short Title, Background, and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Short title. The program contemplated by this chapter may be referred to as the
				Production Facilities Incentive.
(b) Background. The Texas Media Production
				Development Zone Act offers exemptions to the Limited Sales, Excise, and Use
				Taxes to qualified persons who build, construct, renovate, improve, or expand a
				media production facility within the state.
(c) Purpose. The Texas Media Production
				Development Zone Act was enacted to maintain and strengthen the media
				production industry in Texas in the face of strong competition from other
				states. Soundstages and other production facilities would be key assets in this
				effort.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise. Words defined in Texas Government Code, Chapter 485A, and not
				  defined in this chapter shall have the meanings provided by Texas Government
				  Code, Chapter 485A.
(1) Act--The Media
				Production Development Zone Act, Texas Government Code, Chapter 485A.
(2) Comptroller--The Texas Comptroller of
				Public Accounts or the designated representative acting on behalf of the
				Comptroller.
(3) MPDZ
				Exemption--The exemption of certain property from sales, excise, and use taxes
				pursuant to the Act and Texas Tax Code, §
									RSA 151.3415.
(4) Metropolitan Statistical Area--An area of
				the state described on the State Metropolitan Statistical Area Reference Table,
				as maintained by the Texas State Data Center, University of Texas at San
				Antonio.
(5) Nominating Body--The
				governing body of a municipality or county, as defined in the Act.
(6) Requestor--The title holder of real
				property, or the leaseholder in a written, non-residential, real property lease
				with at least four years remaining in the current lease term, on or in which a
				media production location is proposed.
(7) Region--For the purposes of
				§485A.103(d) of the Act, a grouping of counties described on the
				Comptroller Economic Region table, as maintained by the Texas State Data
				Center, University of Texas at San Antonio.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.3 - Request for MPDZ Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) A Requestor who
				desires a MPDZ Exemption shall submit a written request to the Nominating Body
				having jurisdiction over the proposed media production location.
(b) A completed request shall include:
(1) a current Request for Exemption form from
				the Texas Film Commission (TFC) website, filled out completely and signed by an
				authorized representative of Requestor;
(2) a specific and detailed description of
				the project;
(3) a site plan for
				the proposed media production location;
(4) a floor plan for the proposed media
				production facility;
(5) an
				itemized budget for the project;
(6) a schedule of media production equipment
				(as opposed to physical plant equipment and fixtures) to be bought, rented, or
				leased for use specifically and exclusively in the proposed media production
				facility;
(7) an economic impact
				analysis, in the form specified in §
										RSA 123.7 of
				this chapter;
(8) a financial
				statement and background information on Requestor;
(9) such other written documents on which
				Requestor relies to qualify for and obtain a MPDZ Exemption; and
(10) such other written documents containing
				information reasonably requested by the Nominating Body, the TFC, or the
				Comptroller which shall be provided within 20 days of the date of the request.
				The TFC may, for good cause, allow additional time to comply with a
				request.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.4 - Request Review by Nominating Body

Current through Reg. 49, No. 28; July 12, 2024
(a) Within
				7 days of receipt of a request for MPDZ Exemption, the Nominating Body shall
				deliver to the Texas Film Commission (TFC) a digitized copy of the
				request.
(b) If the Nominating Body
				determines that the Requestor has submitted a complete request and, by official
				action, decides to consider that request, the Nominating Body shall provide
				written notice to the Requestor and to the TFC that includes:
(1) a statement that the Nominating Body has
				received and will be considering a completed request; and
(2) the date on which the request was
				received.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.5 - Application for MPDZ Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) A Nominating
				Body that has recognized a zone, nominated a location, and certified a person
				for the purposes of a MPDZ Exemption shall submit a written application to the
				Texas Film Commission (TFC).
(b) A
				completed application shall include:
(1) the
				current Application for Exemption form from the TFC website, filled out
				completely and signed by an authorized representative of the Nominating Body,
				with all specified attachments; and
(2) such other written documents containing
				information reasonably requested by the TFC or the Comptroller which shall be
				provided within 20 days of the date of the request. The TFC or Comptroller may,
				for good cause, allow additional time to comply with a request.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.6 - Application Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				an Application for MPDZ Exemption from a Nominating Body, the Texas Film
				Commission (TFC) shall review the application to determine:
(1) whether the application is complete in
				accordance with §485A.106 of the Act and with the provisions of this
				chapter;
(2) whether the nominated
				location qualifies for designation as a media production location;
				and
(3) if not previously reviewed,
				whether the recognized zone qualifies for approval as a media production
				development zone.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.7 - Economic Impact Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) The economic
				impact analysis shall be conducted at the Requestor's sole expense by an
				independent economic expert; that is, a person with specialized knowledge,
				skill, experience, training, or education in the subjects of economics and
				state and local taxation.
(b) The
				economic impact analysis shall be presented in the format promulgated by the
				Comptroller's office and must include:
(1) an
				estimate of the amount of revenue to be generated to the state by the project
				or activity;
(2) an estimate of any
				secondary economic benefits to be generated by the project or
				activity;
(3) an estimate of the
				amount of state taxes to be exempted, as provided by Texas Tax Code, §
										RSA 151.3415;
				and
(4) any other information
				required by the Comptroller for purposes of making the certification required
				by §485A.109(b) of the Act.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.8 - Reports by Texas Film Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				fulfill its statutory obligation under the Act, the Texas Film Commission (TFC)
				may request information from any qualified person, Nominating Body, appraisal
				district, or any other relevant source.
(b) The entities receiving a request from the
				TFC under this section shall provide the information requested in the form and
				in the manner designated by the TFC.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.9 - Media Production Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. Created pursuant to §485A.107 of the Act, the Media Production
				Advisory Committee (MPAC) reviews applications submitted to the Texas Film
				Commission (TFC) under the Act. The advice and recommendations expressed by the
				MPAC provide the TFC and the Comptroller's office with a broader perspective
				regarding media production matters that will be considered in determining
				whether to approve an application.
(b) Tasks. The MPAC shall:
(1) review each application for designation
				of qualified media production locations eligible to be certified under the Act,
				and make a recommendation to the TFC with respect to those applications;
				and
(2) perform other duties as
				determined by the TFC.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 8 - TEXAS FILM COMMISSION › Chapter 123 - MEDIA PRODUCTION DEVELOPMENT ZONES › Section 123.10 - Miscellaneous Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Not every
				application will qualify for a MPDZ Exemption. The Texas Film Commission (TFC)
				is not required to act on or approve any application. All decisions by the TFC
				are final and not subject to review.
(b) If the Comptroller receives written
				notice from the Nominating Body or the TFC that a qualified person was not
				entitled to a MPDZ Exemption or was entitled to a lesser amount than an
				approved application received, the Comptroller shall investigate that
				determination and provide a written response to the Nominating Body that
				concludes either that the approved application may have or may not have
				received unauthorized tax exemptions. If the Nominating Body and the
				Comptroller agree that an approved application may not have been entitled to a
				tax exemption, they shall promptly notify the qualified person, the appropriate
				taxing authorities, and the TFC.
(c) The TFC division of the Office of the
				Governor is a state agency and must comply with the Texas Public Information
				Act (PIA). In the event that a public information request related to the
				Requestor and/or an application is submitted to the agency, the Office of the
				Governor will promptly notify the Requestor of the request if current contact
				information is available, take all appropriate actions with the Attorney
				General of Texas to prevent release of confidential information, including
				asserting exemptions under the PIA, and provide the Requestor with full
				information and opportunity to participate in such process if current contact
				information is available.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.1 - Purpose, Scope, and Conflict with Other Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter establishes a system for
				  practice and procedure before the Railroad Commission of Texas to enable the
				  just disposition of proceedings and public participation in contested case
				  proceedings pursuant to the Administrative Procedure Act, Texas Government
				  Code, Chapter 2001.
(b) This
				  chapter governs the institution, conduct, and determination of Commission
				  proceedings required or permitted by law, whether instituted by order of the
				  Commission or by filing an application, complaint, petition, or other pleading.
				  This chapter does not and shall not be construed to enlarge, diminish, modify,
				  or otherwise alter the jurisdiction, powers, or authority of the Commission or
				  the substantive rights of any person or agency.
(c) It is the policy of the Commission to
				  encourage the fair and prompt resolution of internal and external disputes
				  under the Commission's jurisdiction through alternative dispute resolution
				  (ADR). ADR includes any procedure or combination of procedures described by
				  Texas Civil Practice and Remedies Code Chapter 154, such as mediation,
				  arbitration, and mini-trial.
(d)
				  This chapter sets forth the general rules of practice and procedure for
				  proceedings before the Commission. If a general provision of these rules
				  conflicts with a statutory or other special provision governing the same
				  proceeding, and the conflict is irreconcilable, then the special provision
				  controls.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.3 - Exceptions and Suspension of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission, the Hearings Director, or the examiner may grant exceptions to
				  the provisions of this chapter upon a showing of good cause and if necessary in
				  the interest of justice.
(b) The
				  Commission may suspend the operation of one or more of its general or special
				  rules of practice and procedure if it finds that there exists a public
				  emergency or imperative public necessity.
(c) The Commission may waive any fee
				  established by one or more of its general or special rules of practice and
				  procedure for good cause shown, except those fees required by
				  statute.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.4 - Violation of Procedural Rules

Current through Reg. 49, No. 28; July 12, 2024
In addition to any other penalties authorized by law or by
					 Commission rule, the violation of any general or special rule of practice and
					 procedure shall be sufficient cause for the Commissioners, after notice and
					 hearing, to enter an order holding the offender in contempt or subjecting the
					 offender to just, reasonable, and lawful disciplinary action.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.5 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
Parties, authorized representatives, witnesses, and other
					 participants in Commission proceedings shall conduct themselves with proper
					 dignity, courtesy, civility, and respect for the Commission, the director, the
					 examiner, and all other participants. Disorderly conduct will not be tolerated.
					 A violator of this rule may be excluded from the proceeding by the examiner for
					 such period as is just and may be subject to such other just, reasonable, and
					 lawful disciplinary action as the Commission may prescribe.