CHAPTER 485. MUSIC, FILM, TELEVISION, AND MULTIMEDIA INDUSTRIES
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE F. COMMERCE AND INDUSTRIAL DEVELOPMENT
CHAPTER 485. MUSIC, FILM, TELEVISION, AND MULTIMEDIA INDUSTRIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 485.001. DEFINITIONS. In this chapter, "office" means the
Music, Film, Television, and Multimedia Office.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
Sec. 485.002. ESTABLISHMENT. The Music, Film, Television, and
Multimedia Office is established in the office of the governor.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
Sec. 485.003. DIRECTOR; STAFF. The governor may employ a
director who may employ other employees necessary to carry out
the office's duties.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
Sec. 485.004. PROMOTION; DUTIES. (a) The office shall promote
the development of the music industry in the state by informing
members of that industry and the public about the resources
available in the state for music production.
(b) The office shall promote the development of the film,
television, and multimedia industries in this state by informing
members of those industries and the public of the resources
available in this state for film, television, and multimedia
production.
(c) State agencies and political subdivisions of this state
shall cooperate with the office to the greatest extent possible
to fully implement the goal of promoting the development of the
music, film, television, and multimedia industries in this state.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
Sec. 485.005. ADVISORS. (a) The office may appoint advisors to
assist in the administration of this chapter.
(b) An advisor serves without compensation but is entitled to
necessary and actual expenses incurred in performing duties under
this chapter.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
Sec. 485.006. GIFTS AND GRANTS. The office may accept gifts,
grants, and other funds specifically designated by the donor or
grantor for use in developing the music, film, television, and
multimedia industries of this state.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
Sec. 485.007. MUSIC, FILM, TELEVISION, AND MULTIMEDIA FUND. The
music, film, television, and multimedia fund is in the state
treasury. The continued existence of this fund is determined by
the provisions of S.B. No. 3, Acts of the 72nd Legislature, 1st
Called Session, 1991. All gifts, grants, and other funds received
by the office under this chapter shall be deposited to the credit
of the fund and may be used only for the purposes of this
chapter.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 11, Sec. 29, eff.
Sept. 1, 1991.
SUBCHAPTER B. MOVING IMAGE INDUSTRY INCENTIVE PROGRAM
Sec. 485.021. DEFINITIONS. In this subchapter:
(1) "In-state spending" means the amount of money spent in Texas
by a production company during the production and completion of a
moving image project, including the amount spent on wages to
Texas residents. The term does not include wages described by
Section 485.024(b).
(2) "Moving image project" means a visual and sound production,
including a film, television program, national or multistate
commercial, educational or instructional video, or digital
interactive media production. The term does not include a
production that is obscene, as defined by Section 43.21, Penal
Code.
(3) "Production company" includes a film production company,
television production company, digital interactive media
production company, or film and television production company.
(4) "Texas resident" means an individual who has resided in
Texas since the 120th day before the first day of principal
photography on a moving image project.
(5) "Underutilized and economically distressed area" includes
any area of this state that:
(A) the office determines receives less than 15 percent of the
total film and television production in this state during a
fiscal year; or
(B) has a median household income that does not exceed 75
percent of the median state household income.
Added by Acts 2005, 79th Leg., Ch.
342, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 2, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch.
2, Sec. 1, eff. April 23, 2009.
Sec. 485.022. MOVING IMAGE INDUSTRY INCENTIVE PROGRAM. (a) The
office shall administer a grant program for production companies
that produce moving image projects in this state, to the extent
that gifts, grants, donations, or other money, including
appropriations, are made available to the office for that
purpose.
(b) The office shall develop a procedure for the submission of
grant applications and the awarding of grants under this
subchapter. The procedure must include provisions relating to:
(1) methods by which an individual's Texas residency as
described by Section 485.021(4) can be proved; and
(2) requirements for the submission, before production of a
moving image project begins, of:
(A) an estimate of total in-state spending;
(B) the shooting script or story board, as applicable;
(C) the estimated number of jobs for cast and production crew
during the production and completion of a moving image project;
and
(D) any other information considered useful and necessary by the
office for an adequate and accurate analysis of a production
company's in-state spending.
(c) The office may accept gifts, grants, and donations for the
purpose of implementing this subchapter.
(d) The office may award a grant to a production company only
based on a production company's in-state spending that the office
verifies as having been completed.
(e) The office is not required to act on any grant application
and may deny an application because of inappropriate content or
content that portrays Texas or Texans in a negative fashion, as
determined by the office, in a moving image project. In
determining whether to act on or deny a grant application, the
office shall consider general standards of decency and respect
for the diverse beliefs and values of the citizens of Texas.
(f) Before a grant is awarded under this subchapter, the office
shall:
(1) require a copy of the final script; and
(2) determine if any substantial changes occurred during
production on a moving image project to include content described
by Subsection (e).
Added by Acts 2005, 79th Leg., Ch.
342, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 3, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 4, eff. June 8, 2007.
Sec. 485.023. QUALIFICATION. To qualify for a grant under this
subchapter:
(1) a production company must have spent a minimum of:
(A) $250,000 in in-state spending for a film or television
program; or
(B) $100,000 in in-state spending for a commercial or series of
commercials, an educational or instructional video or series of
educational or instructional videos, or a digital interactive
media production;
(2) at least 70 percent of the production crew, actors, and
extras for a moving image project must be Texas residents unless
the office determines and certifies in writing that a sufficient
number of qualified crew, actors, and extras are not available to
the company at the time principal photography begins;
(3) at least 60 percent of the moving image project must be
filmed in Texas; and
(4) a production company must submit to the office an expended
budget, in a format prescribed by the office, that reflects all
in-state spending and includes all receipts, invoices, pay
orders, and other documentation considered necessary by the
office to accurately determine the amount of a production
company's in-state spending that has occurred.
Added by Acts 2005, 79th Leg., Ch.
342, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 5, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch.
2, Sec. 2, eff. April 23, 2009.
Sec. 485.024. GRANT. (a) Except as provided by Section
485.025, a grant under this subchapter may not exceed the amount
established by office rule. The office shall adopt rules
prescribing the method the office will use to calculate the
amount of a grant under this subsection. The office shall
publish a written summary of the method for determining grants
before awarding a grant under this section. The method must
consider at a minimum:
(1) the current and likely future effect a moving image project
will have on employment, tourism, and economic activity in this
state; and
(2) the amount of a production company's in-state spending for a
moving image project.
(b) In calculating a grant amount under Section 485.025 or the
amount of in-state spending for purposes of rules adopted under
Subsection (a), the office may not include wages of persons,
including an actor or director, employed in the production of a
moving image project that exceed $1 million.
(c) The office may only make a grant from appropriated funds.
Added by Acts 2005, 79th Leg., Ch.
342, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 6, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch.
2, Sec. 3, eff. April 23, 2009.
Sec. 485.025. ADDITIONAL GRANT FOR UNDERUTILIZED AND
ECONOMICALLY DISTRESSED AREAS. In addition to the grant
calculated under Section 485.024, a production company that
spends at least 25 percent of a moving image project's filming
days in an underutilized and economically distressed area is
eligible for an additional grant in an amount equal to 2.5
percent of the total amount of the production company's in-state
spending for the moving image project.
Added by Acts 2005, 79th Leg., Ch.
342, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 6, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch.
2, Sec. 3, eff. April 23, 2009.
Sec. 485.026. STATE DEBT. If a production company owes money to
the state at the time the production company is awarded a grant
under this subchapter, the office shall offset the amount owed to
the state from the amount awarded.
Added by Acts 2005, 79th Leg., Ch.
342, Sec. 2, eff. September 1, 2005.
Sec. 485.027. WORKFORCE TRAINING AND PERFORMANCE MEASURES. (a)
The office may contract with public junior colleges, as defined
by Section 61.003, Education Code, or Texas nonprofit
organizations to create a moving image industry personnel
training program for developing and expanding the workforce for
moving image projects in Texas.
(b) The office shall develop appropriate performance measures
for training programs created under this section.
(c) The office and the Texas Higher Education Coordinating Board
shall cooperate to develop performance measures that are
appropriate for classroom instruction before the office may spend
money to implement this section.
(d) The office shall consult with the Texas Workforce Commission
to collect and compile data on the status of the moving image
industry employment base in Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
260, Sec. 7, eff. June 8, 2007.
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, Sec. 7, eff. June 8, 2007.