13 Tex. Admin. Code § 121.2 - Definitions
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.
(2) Business
Day--A day other than Saturday, Sunday, or a Federal or State of Texas
holiday.
(3) Cast--Actors paid by
the Applicant to perform roles in Texas, including, but not limited to,
featured actors, extras, stunt performers, voice-over talent, hosts, judges,
announcers and roles or performers that appear on a recurring basis, but
excluding talk show guests, game or contest show contestants, and litigants and
witnesses in courtroom reality programs.
(4) Commercial--A live-action or
animated-production advertisement, including, but not limited to, an individual
advertisement, more than one advertisement created in a contiguous production
period for the same client, a music video, or an infomercial that is made for
the purpose of promoting a product, service, or idea and is produced for
distribution via broadcast, cable, or any digital format, including, but not
limited to, cable, satellite, Internet, or mobile electronic device.
(5) Crew--Independent contractors or
employees paid by the Applicant to perform work in Texas that are directly
contracted and credited for a specific position. An individual may work in more
than one position on a production. Executive producers and/or permanent
salaried employees of an Applicant who are listed on call sheets or production
reports but not paid Wages on the project other than producing services, shall
not be counted in Crew calculations for Texas Residency purposes. Vendors
serving a traditional crew function and providing personal services, but who
are paid as independent contractors rather than through payroll, shall be
counted in Crew calculations for Texas Residency purposes and must provide a
Declaration of Texas Residency Form.
(6) Declaration of Texas Residency Form--A
document promulgated by the Texas Film Commission (Commission) to be utilized
by Applicants to prove the residency status of each Texas Resident employee,
contractor, Crew, or Cast member.
(7) Digital Interactive Media
Production--Software that provides a user or users with a game to play or other
interactive technology experience for the purpose of entertainment or
education, including for military or medical simulation training, and which is
created for a game console or platform, personal computer, handheld console, or
mobile electronic device used by a business or consumer solely for bona fide
amusement purposes as outlined in Section
47.01 of the Texas Penal
Code.
(8) Educational or
Instructional Video--An individual live-action or animated production, or a
contiguous series of more than one live-action or animated production created
for the same client, that is produced for exhibition in an educational or
instructional setting.
(9) Episodic
Television Series--A Television Program consisting of multiple episodes of a
single season.
(10) Expended
Budget--The final verifying documentation and worksheets submitted by an
Applicant to the Commission at the completion of a project that shows the total
eligible in-state spending, as defined in Section
485.021(1)
of the Texas Government Code, and includes all documentation considered by the
Commission to be necessary to show compliance with the requirements of the
Texas Moving Image Industry Incentive Program.
(11) Feature Film--Any live-action or
animated for-profit production, including narrative and documentary
productions, that is produced for distribution in theaters or via any digital
format, including, but not limited to, DVD, Internet, or mobile electronic
device.
(12) Filming Day--A day of
Production as defined in paragraph (18) of this section. When calculating 60%
of Filming Days for purposes of §
121.3 of this Chapter, but not for
purposes of calculating 25% of Filming Days for purposes of §
121.7 of this Chapter, a Filming
Day may include a traditional day of Production in live-action or digital
media, as well as a concurrent day of Production conducted by a second unit, so
long as:
(A) such second unit, is not a
splinter unit, but is utilized for a bona fide, production-related purpose and
would be recognized by the Directors Guild of America as a second unit;
and
(B) a call sheet, and
production report, for such day is circulated and executed in connection with
the activities of such second unit. Any bona fide, second unit day shall be
added to both the numerator of Texas days and the denominator of total days for
purposes of calculating 60% of Filming Days for purposes of §
121.3 of this Chapter.
(13) Man Hours--A unit of one
hour's work by one person.
(14)
Physical Production--The period encompassing Pre-Production, Production, and
Postproduction.
(15)
Postproduction--The period that occurs after the end of Production, including
but not limited to, animation, bug-fixing, codebase completion, compositing,
editing, lighting, music, patch-creation, sound, testing, and visual
effects.
(16) Pre-Production--The
period that occurs before the start of Production, including, but not limited
to, casting actors, estimating budgets, mechanics, scouting locations, and
testing story.
(17) Principal Start
Date--
(A) For a live-action Feature Film,
Television Program, Reality Television Project, Educational or Instructional
Video, or Commercial project: the first day of principal photography.
(B) For a Digital Interactive Media
Production, Visual Effects Project or animated project: the first day of asset
creation (i.e., character or environment modeling and/or rigging).
(18) Production--
(A) For a live-action Feature Film,
Television Program, Reality Television Project, Educational or Instructional
Video or Commercial project: the period starting the first day of principal
photography through the last day of principal photography.
(B) For a Digital Interactive Media
Production, Visual Effects Project or animated project: the period starting the
first day of asset creation or commencement of layout (i.e., character or
environment modeling and/or rigging) through the last day of animation, code
freeze, and/or final layout.
(19) Production Company--A company that
engages in any of the activities included in Physical Production for a Feature
Film, Television Program, Reality Television Project, Educational or
Instructional Video, Commercial project, or Digital Interactive Media
Production.
(20) Reality Series--A
Reality Television Project consisting of multiple episodes of a single
season.
(21) Reality Television
Project--A live-action, for-profit production based upon unscripted content,
including, but not limited to, a Reality Series, a contest or game show (to
include individual episodes), or a talk show (to include individual episodes),
that is produced for distribution via broadcast, cable, or any digital format,
including, but not limited to, satellite, Internet, or mobile electronic
device.
(22) Television Program--An
episodic live-action or animated for-profit production that is produced in a
narrative or documentary style, including, but not limited to, a television
series, miniseries, limited series, television movie, television pilot,
television episode, or a musical performance that is produced for distribution
via broadcast, cable, or any digital format, including, but not limited to,
satellite, Internet, or mobile electronic device (including a short narrative
or documentary episode or series of episodes distributed initially as streamed
content).
(23) Texas Heritage
Project--A Feature Film or Television Program (excluding a Reality Television
Project), that promotes or documents Texas's diverse cultural, historical,
natural or man-made resources, and that meets the requirements established in
§
121.13 of this Chapter (relating
to Texas Heritage Project).
(24)
Texas Resident--An individual who is a permanent resident of Texas for at least
120 days prior to the Principal Start Date of the project and who has completed
a Declaration of Texas Residency Form.
(25) Underutilized and Economically
Distressed Area--
(A) Underutilized Area--An
area of the state that receives less than 15% of the total moving image
industry production in the state during a fiscal year, as determined by the
Commission. An area of the state wherein 15% or more of the total moving image
industry production takes place during a fiscal year, as determined by the
Commission, includes a thirty mile radius from city hall of that area's largest
municipality.
(B) Economically
Distressed Area--An area within the thirty mile radius described in
Subparagraph (A) of this paragraph, where the median household income does not
exceed 75% of the median household income as determined by the Texas
Demographic Center or its successor.
(26) Visual Effects Project--A self-contained
production whereby computer generated images are created or manipulated to
integrate with live-action footage of a Feature Film, Television Program,
Educational or Instructional Video, or Commercial.
(27) Wages--Compensation paid to an
individual for work performed. Payment methods include, but are not limited to,
direct payments, payments through an agent or agency, payments through a
loan-out company or payments through a payroll service. Wages include, but are
not limited to, gross wages, per diems (if signed for by the recipient),
employer paid Social Security (Old Age, Survivors, and Disability Insurance
(OASDI)) payments, employer paid Medicare (MEDI) payments, employer paid
Federal Unemployment Insurance (FUI) payments, employer paid Texas State
Unemployment Insurance (SUI) payments, employer paid pension, health and
welfare payments, and employer paid vacation and holiday pay. Only the first
$1,000,000 in aggregate wages and/or compensation per person shall constitute
eligible Wage expenditures.
Notes
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