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 122.2 - 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) Actual costs--The costs
				incurred during production activity that have not already been paid for by the
				production company prior to the activity.
(2) Applicant--The entity coordinating
				locations for the Production Company, who acts as the representative of the
				Production Company for the locations.
(3) Certificate of liability insurance--The
				paper record showing that the Production Company has purchased insurance, the
				amount insured for, and who is insured under the policy. Each Certificate of
				liability insurance furnished by a Production Company pursuant to this chapter
				shall reflect the coverage amounts required by the desired location, but such
				coverage amounts shall in no event be lower than the following (unless waived
				in writing by the Texas Film Commission in any particular respect): $1 million
				in Commercial General Liability, including bodily injury and property damage
				with $1 million of umbrella coverage, $1 million Automobile Liability including
				bodily injury and property damage, plus Workers' Compensation coverage in
				accordance with statutory limits and employers' liability with limits of
				$100,000 bodily injury for each accident, $100,000 bodily injury by disease and
				$500,000 policy limit covering all personnel who provide services. In the event
				that the Production Company is self-insured for Workers' Compensation coverage,
				it can provide written documentation of this fact on its letterhead, signed by
				an officer. Each policy must include a waiver of subrogation, unless waived in
				writing by the Texas Film Commission.
(4) Commercials--Either an individual
				commercial, series of commercials, music video, infomercial, interstitial, or
				still shoot, that is made for the purpose of promoting a product, service, or
				idea.
(5) Desired location--The
				building or grounds that a production company is applying to use.
(6) Episodic television--A project, either
				narrative or documentary, consisting of a series of installments usually
				following the same story arc that is intended for distribution via broadcast or
				digital distribution via cable, satellite, the internet, or mobile electronic
				device.
(7) Film--Either a
				narrative or documentary project intended for distribution in theaters or by
				DVD, internet, or mobile electronic device.
(8) Filming days--The phase of the project
				during which the content is recorded.
(9) Fiscal year--The period between September
				1st and August 31st of the next calendar year.
(10) In-state spending--The amount of money
				spent by a production company in Texas during all stages of the
				project.
(11) Licensing Fee--An
				amount charged to the Applicant for the use of the state property's likeness
				and image.
(12) Location--A
				building or ground where production activity will take place.
(13) Location fee--An amount charged to the
				Applicant for each day production activity occurs on the property.
(14) Production activity--Any activity the
				production company engages in while on location, including, but not limited to,
				preparation, filming, parking, catering, and take down.
(15) Production company--The entity producing
				and creating the project, who is ultimately responsible for all production
				activity.
(16) Production
				insurance--A financial transaction between a production company and an external
				company securing all responsibility of damages and accidents while on location
				to the production company.
(17)
				Request for Use Application--The application that will be completed by the
				Applicant to ask for the use of a state property for production
				activity.
(18) Security deposit--A
				monetary amount given to the state property before commencement of production
				activity at that location which gives the state agency some protection for
				damage done to the location by the Production Company.
(19) State property--All locations owned and
				operated by the State of Texas for public or private use.
(20) Support location--An area of the
				property that is being used for production activity other than filming that can
				either be part of the filming location or a stand-alone location.
(21) Television project--Either a narrative
				or documentary project, including, but not limited to episodic series,
				miniseries, television movie (MOW), television pilot, or television episode,
				that is intended for distribution via broadcast or digital distribution via
				cable, satellite, the internet, or mobile electronic device.