TITLE 13. CULTURAL RESOURCES

PART 8. TEXAS FILM COMMISSION

CHAPTER 121. TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM

The Texas Film Commission within the Economic Development and Tourism Office of the Office of the Governor (the "OOG") adopts the repeal of 13 TAC §121.16, concerning Texas-Based National Network Project. The repeal of 13 TAC §121.16 is adopted without changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8412) and will not be republished.

Amended 13 TAC §121.2, concerning Definitions, §121.6, concerning Grant Awards and §121.7 concerning Underutilized and Economically Distressed Areas are adopted with changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8412) and will be republished.

The OOG also adopts amendments 13 TAC §121.1, concerning Background and Purpose, §121.3, concerning Eligible Projects, §121.4, concerning Ineligible Projects, §121.5, concerning Eligible and Ineligible In-State Spending, §121.8, concerning Grant Application, §121.9, concerning Processing and Review of Applications, §121.10, concerning Disqualification of an Application, §121.11, concerning Confirmation and Verification of Texas Expenditures, §121.12, concerning Disbursement of Funds, §121.13, concerning Texas Heritage Project, §121.14, concerning Revocation and Recapture of Incentives. These amendments are adopted without changes to the proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8412). These rules will not be republished.

REASONED JUSTIFICATION:

The adopted rules relate to Texas Moving Image Industry Incentive Program ("TMIIIP"), which was implemented to increase employment opportunities for Texas industry professionals, encourage tourism to the state, and boost economic activity in Texas cities and the overall Texas economy.

The adopted amendments to §121.1 update outdated language and make non-substantive updates to style and grammar.

The adopted amendments to §121.2 update definitions to better align with the purpose of the program and based on changes in the industry, add a definition for the term "Man Hours," remove an unnecessary definition for the term "Qualifying Application," update outdated language, and make non-substantive updates to style and grammar.

The adopted amendments to §121.3 clarify and update how an Applicant may meet the statutory eligibility requirements, including new ways to satisfy the requirement that at least 60 percent of the moving image project must be filmed in Texas. The adopted amendments also make non‑substantive updates to style and grammar.

The adopted amendments to §121.4 update the types of projects that are ineligible for grants under this program by removing the exception to award shows for broadcast on national network television to a national audience and adding interactive digital media experiences used in gambling devices. The adopted amendments also make non-substantive updates to style and grammar.

The adopted amendments to §121.5 clarify the lists of eligible and ineligible in-state expenditures under the program. The adopted amendments also make non-substantive updates to style and grammar.

The adopted amendments to §121.6 make non-substantive updates to style and grammar. In response to comments, as discussed later in this rulemaking, the adopted rulemaking will not make the changes proposed to §121.6(c) and (d) in the proposed rulemaking. In that proposal, the OOG considered revising the potential grant amounts for reality television projects and commercials to only allow for the receipt of a grant equal to five percent of eligible in‑state spending when a production met a single in‑state spending threshold. The OOG has determined the program will retain the current practice of allowing a grant equal to five percent or ten percent of eligible in-state spending. This adopted rule will be republished.

The adopted amendments to §121.7 add two new options to the existing option for Applicants to receive a single additional grant equal to two-and-a-half percent of total in-state spending. The additional options relate to: (1) demonstrating that five percent of the combined total of paid Crew and paid Cast, including extras, who are paid by the Applicant are Texas Resident "Veterans"; and (2) expending ten percent of the total eligible in-state spending on eligible expenditures during Postproduction, including labor, vendors, and music costs. The adopted amendments also establish that an Applicant may only qualify for one of the options and may not receive multiple additional two-and-a-half percent additional grants. The adopted amendments also make non-substantive updates to style and grammar. In response to comments, as discussed later in this rulemaking, the OOG added "Man Hours" as an eligible metric for the additional 2.5 percent grant based on labor undertaken in UEDAs. The OOG determined the adopted rules will not add two additional options for Applicants to receive a single additional grant equal to two-and-a-half percent of total in-state spending, as proposed. The two options that will not be added relate to training events and the creation of public service announcements. Finally, for the option related to hiring veterans, the OOG lowered the threshold to qualify under that option from ten percent of the combined paid Cast and Crew to five percent. This adopted rule will be republished.

The adopted amendments to §121.8 update the methods by which applicants may obtain application forms from the Texas Film Commission to include telephone, Internet, or other means if additional special needs facilitation is required, instead of directing Applicants to a specific website. The adopted amendments extend the window to submit an application from up to 120 calendar days prior to a project's Principal Start Date to up to 180 calendar days prior to a project's Principal Start Date. For a delay to the start of a project, the consequence is changed from mandating re-application to allowing the Texas Film Commission to require re-application at its discretion. The adopted amendments also revise the actions the OOG will take if it receives a request for information submitted by an Applicant, as well as make non-substantive updates to style and grammar.

The adopted amendments to §121.9 clarify the factors the Texas Film Commission shall consider when determining, in its sole discretion, whether to approve a Qualifying Application. The adopted amendments specify that periodic tracking and review of a grant agreement can include requesting reports on a quarterly basis and remove instructions for completion of the Declaration of Texas Residency Forms so that those instructions may be provided on the form itself. The adopted amendments also make non-substantive updates to style and grammar.

The adopted amendments to §121.10 update the citation for inappropriate content as described in the Texas Penal Code and make non-substantive updates to style and grammar.

The adopted amendments to §121.11 add and clarify certain items that the Expended Budget must include in providing the final verifying documentation. The adopted amendments also make non-substantive updates to style and grammar.

The adopted amendments to §121.12 remove the provisions relating to assignment of a grant payment to a third party and make non-substantive updates to style and grammar.

The adopted amendments to §121.13 make non-substantive updates to style and grammar.

The adopted amendments to §121.14 make non-substantive updates to style and grammar.

The adopted repeal of §121.16 removes provisions that are not necessary because they relate to a designation no longer offered under TMIIIP.

The remaining adopted amendments clarify or remove outdated or unnecessary language from the rules, including using the word "shall" or "must" when provisions require certain behaviors or actions.

SUMMARY OF COMMENTS AND AGENCY RESPONSES

The public comment period for these rules began on December 23, 2022, and closed on January 22, 2023. The OOG received two comments. The following provides summaries of the comments and the OOG's responses.

Comment 1: The first commenter, a trade organization, expressed its appreciation for the rule changes and provided five suggested changes. The OOG is grateful for the commenter's expression of appreciation and its participation in the rulemaking process.

Suggested Change 1: Retain the usage of Underutilized or Economically Distressed Areas (UEDA) as a stand-alone 2.5 percent additional rebate grant separate from and in addition to the new options for a 2.5 percent rebate grant that are proposed in the amendments to §121.7. The commenter asserts that other options to qualify for a 2.5 percent additional rebate grant are potentially easier to fulfill, and by making the UEDA-based grant as one of several options, rather than an additional grant, it will result in fewer UEDAs being utilized.

OOG response: Section 485.025 of the Texas Government Code establishes that a production company is eligible for an additional 2.5 percent grant if it spends 25 percent or more of its filming days in a UEDA. The proposed amendments to §121.7 retain this option in compliance with the statute. The OOG has seen that the circumstances of certain productions, however, precluded the production from spending any filming days in a UEDA. For those productions, the proposed amendments to §121.7 offer alternative ways to benefit the state and qualify for a 2.5 percent additional rebate grant. While some productions may choose one of these new alternative methods over utilizing an available UEDA, more productions will have the opportunity to provide additional benefits to Texans and get rewarded for doing so. Accordingly, the OOG declines to make this suggested change.

Suggested Change 2: Lower the threshold in §121.7 to qualify for an additional 2.5 percent rebate grant based on paid cast and crew that are Texas resident veterans from ten percent to five percent. The commenter states that stakeholders have indicated the ten percent requirement will be hard to meet, and so will primarily utilize veterans as "extras," rather than providing veterans a pathway into media production as a profession. The commenter suggests that an initial threshold of five percent would encourage veterans entering the media production industry, so as the pool of Texas veterans grows, the threshold can be revisited and possibly increased in the future.

OOG response: The OOG appreciates the commenter providing feedback on behalf of its stakeholders. The OOG agrees with the comment. Accordingly, the OOG will lower the threshold to qualify for an additional 2.5 percent rebate grant based on total paid Cast and paid Crew that are Texas resident veterans from ten percent to five percent of total paid Cast and paid Crew.

Suggested Change 3: Retain the ten percent grant for reality and commercial projects that have an in-state spending total of more than $1 million. The commenter states that no economic impact disparity exists between a reality television project and a film project that spends over $1 million in-state on eligible expenses. The commenter further states that this proposed rule change provides an advantage to one segment of the media production industry over another based on content. The commenter believes this would be problematic precedent and would unfairly impact production companies making unscripted content and commercials.

OOG response: The proposed amendments to §121.6 were based on historical data of TMIIIP participants, which have rarely included reality television or commercial projects with in-state spending totals of more than $1 million. The limited funding for TMIIIP requires tailoring the available grants to the expected number and scope of projects. Notwithstanding the foregoing, after further deliberation in response to the comment and an additional assessment of TMIIIP grant funding, due to the limited number of reality television projects and commercials that exceed $1 million eligible in-state spending, the OOG will remove this change and retain the ten percent grant for reality and commercial projects that have in-state spending total of more than $1 million.

Suggested Change 4: Make incentives for Postproduction spending stand-alone opportunities-"even if principal photography is not conducted in Texas. The commenter states other states have successful standalone Postproduction incentives that have resulted in a robust in-state postproduction industry, and suggests that Texas's investment in postproduction professional crews would be a critical component to the long-term growth within the media production industry.

OOG response: The OOG has determined that the current circumstances and available resources do not justify the creation of a stand-alone grant for postproduction at this time. Accordingly, the OOG declines this change.

Suggested Change 5: Remove training events and public service announcements as options to qualify for an additional 2.5 percent rebate grant. The commenter states that only media productions with an in-state spend above $3.5 million will have the resources for these options. The commenter further states that the 2.5 percent rebate grant would, at a minimum, be equal to $87,500, and training events and public service announcements can be produced for far less than that amount, so large media productions will likely choose this cost-effective option at the expense of other options. Instead, the commenter suggests making training events or public service announcements a requirement for large productions without providing any additional grant funds.

OOG response: The OOG agrees with the concern raised by this comment. Accordingly, the OOG will remove training events and public service announcements as options to qualify for additional 2.5 percent.

Comment 2: The second commenter, a videogame trade association, welcomed the rule amendments, but requested further changes to the rules based on differences in the way videogames are produced; encouraged thoughtful regulation to account for the videogame production industry's ability to continuously employ people, rather than utilize project-based employment, as in the film and television production spaces; and asked that remote working opportunities be taken into account. The OOG is grateful for the second commenter's support and thoughtful feedback.

Suggested Change 1: Remove "sole discretion" requirement from 13 T.A.C. §121.3(f)(2). The commenter states that videogame productions most commonly use "Man Hours" rather than "Filming Days" to measure time, which should justify removing the Commission's discretion to determine which measurement is used.

OOG Response: The OOG disagrees with this comment. The standard, statutorily-contemplated "Filming Days" measurement is appropriate for certain Digital Interactive Media Productions, and historical data reflect that videogame productions have satisfied the requirement using that metric. As the custodian of public funds appropriated to the OOG for the TMIIIP grant program, the OOG must retain discretion over when to permit measuring "Man Hours" as an alternative to the "Filming Day" approach. Retaining this discretion ensures wise allocation of public funds by providing the OOG can permit use of "Man Hours" when appropriate based on the circumstances and facts of each project. The OOG declines to make changes in response to this suggestion.

Suggested Change 2: The definition of "Digital Interactive Media Production" should be changed to include segments of a videogame production. The commenter indicates that videogame productions are often decentralized and involve multiple vendors and offices working on different segments to create a final product.

OOG Response: The OOG disagrees with this comment. The existing definitions allow a segment of a "Digital Interactive Media Production" that meets the applicable requirements to participate in TMIIIP. Accordingly, the OOG declines this change.

Suggested Change 3: The rules found in §121.7 should be modified to better fit videogame productions by incorporating "Man Hours" and production segments where appropriate, clarifying the minimum requirements for qualifying training events, and incorporating videogame music production costs into allowable Postproduction activities.

OOG Response: The OOG agrees in part with this comment, has rendered part of it moot as explained in the response to Comment 1 Suggested Change 5, and disagrees with the remaining portion. The option provided by §121.7(1) is available to all projects, notwithstanding the method for measuring the percentage of the project filmed in Texas. Accordingly, the OOG will incorporate "Man Hours" into §121.7(1). The portion of the comment related to training events is no longer applicable due to its removal as an option, as discussed above. The existing definition for Postproduction already includes music costs. Accordingly, the OOG declines to make additional changes in response to the comment.

13 TAC §§121.1 - 121.14

STATUTORY AUTHORITY

The amendments are adopted pursuant to Sections 485.022 and 485.024 of the Texas Government Code, which require the Texas Film Commission to develop procedures for the administration and calculation of grant awards under TMIIIP.

CROSS REFERENCE TO STATUTE

The amendments implement chapter 121 of the Texas Government 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.

§121.6.Grant Awards.

(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.

(b) Digital Interactive Media Productions with total eligible in-state spending of:

(1) At least $100,000 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.

(c) Reality Television Projects with total eligible in-state spending of:

(1) At least $250,000 but less than $1 million will be eligible to receive a grant equal to 5% of eligible in-state spending.

(2) At least $1 million will be eligible to receive a grant equal to 10% of total eligible in-state spending.

(d) Commercials, Educational or Instructional Videos, and Visual Effects Projects for Commercials or Educational or Instruction Videos with total eligible in-state spending of:

(1) At least $100,000 but less than $1 million will be eligible to receive a grant equal to 5% of eligible in-state spending.

(2) At least $1 million will be eligible to receive a grant equal to 10% of total eligible in-state spending.

§121.7.Additional Grant Award.

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.

(2) Demonstrating that 5% of the combined total of paid Crew and paid Cast, including extras, who are paid by the Applicant are Texas Resident "Veterans."

(A) For purposes of this Section, a "Veteran" is a person who served in and has been honorably discharged from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard; the National or Air National Guard of the United States; the Texas Army National Guard; the Texas Air National Guard; a Reserve component of any of the aforementioned military organizations; or any other military service that the Commission determines to be allowable.

(B) The Applicant shall submit sufficient information confirming the Veteran's status, including military-issued discharge documentation and other information requested by the Commission to support a determination that the person qualifies as a Veteran.

(3) Expending 10% of the total eligible in-state spending on eligible expenditures during Postproduction, including labor, vendors, and music costs.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 1, 2023.

TRD-202301576

Stephanie Whallon

Director

Texas Film Commission

Effective date: May 21, 2023

Proposal publication date: December 23, 2022

For further information, please call: (512) 463-2000


13 TAC §121.16

STATUTORY AUTHORITY

This repeal is adopted under sections 485.022 and 485.024 of the Texas Government Code, which require the Texas Film Commission to develop procedures for the administration and calculation of grant awards under TMIIIP.

CROSS REFERENCE TO STATUTE

Chapter 121 of Texas Government Code. No other statutes, articles, or codes are affected by the adopted amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 1, 2023.

TRD-202301580

Stephanie Whallon

Director

Texas Film Commission

Effective date: May 21, 2023

Proposal publication date: December 23, 2022

For further information, please call: (512) 463-2000