Texas 2017 - 85th Regular

Texas House Bill HB3346 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Longoria H.B. No. 3346
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the music, film, television, and multimedia production
7	7	industry.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 485.003, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 485.003. COMMISSIONER [DIRECTOR]; STAFF. The governor
12	12	may employ a commissioner [director] who may employ other employees
13	13	necessary to carry out the office's duties.
14	14	SECTION 2. Subchapter A, Chapter 485, Government Code, is
15	15	amended by adding Section 485.008 to read as follows:
16	16	Sec. 485.008. AUDITS OF MUSIC, FILM, TELEVISION, AND
17	17	MULTIMEDIA FUND. (a) The state auditor may conduct effectiveness,
18	18	compliance, and economy or efficiency audits of the music, film,
19	19	television, and multimedia fund. As part of the audits, the state
20	20	auditor may determine whether:
21	21	(1) money is disbursed in compliance with the
22	22	requirements and purpose of this chapter; and
23	23	(2) the office monitors grant recipients to determine
24	24	whether the recipients comply with the terms of any applicable
25	25	agreement and with the requirements of this chapter.
26	26	(b) The office shall cooperate with the state auditor and
27	27	provide the state auditor with access to all records, confidential
28	28	or nonconfidential, necessary to conduct the audits under this
29	29	section.
30	30	SECTION 3. Section 485.021, Government Code, is amended by
31	31	amending Subdivision (2) and adding Subdivision (6) to read as
32	32	follows:
33	33	(2) "Moving image project" means a visual and sound
34	34	production, including a film, television program, national or
35	35	multistate commercial, educational or instructional video, or
36	36	digital interactive media production. The term does not include a
37	37	production that:
38	38	(A) is obscene, as defined by Section 43.21, Penal Code; or
39	39	(B) the office determines will probably on completion meet
40	40	the qualifications for:
41	41	(i) an "R" or "NC-17" rating issued by the Motion Picture
42	42	Association of America, as those qualifications existed on
43	43	September 1, 2017; or
44	44	(ii) an "M" or "A" rating issued by the Entertainment
45	45	Software Rating Board, as those qualifications existed on September
46	46	1, 2017.
47	47	(6) “Day of production activity” includes any day during
48	48	which a production company incurs an expense that qualifies as
49	49	in-state spending.
50	50	SECTION 4. Section 485.023, Government Code, is amended to
51	51	read as follows:
52	52	Sec. 485.023. QUALIFICATION. To qualify for a grant under
53	53	this subchapter:
54	54	(1) a production company must have spent a minimum of:
55	55	(A) $250,000 in in-state spending for a film or
56	56	television program; or
57	57	(B) $100,000 in in-state spending for a
58	58	commercial or series of commercials, an educational or
59	59	instructional video or series of educational or instructional
60	60	videos, or a digital interactive media production;
61	61	(2) at least 70 percent of the production crew,
62	62	actors, and extras for a moving image project must be Texas
63	63	residents unless the office determines and certifies in writing
64	64	that a sufficient number of qualified crew, actors, and extras are
65	65	not available to the company at the time principal photography
66	66	begins;
67	67	(3) at least 60 percent of the moving image project
68	68	must be filmed in Texas; [and]
69	69	(4) a production company must submit to the office an
70	70	expended budget, in a format prescribed by the office, that
71	71	reflects all in-state spending and includes all receipts, invoices,
72	72	pay orders, and other documentation considered necessary by the
73	73	office to accurately determine the amount and duration of a
74	74	production company's in-state spending that has occurred; and
75	75	(5) a production company must have engaged in no fewer
76	76	than 120 days of production activity in Texas.
77	77	SECTION 5. The change in law made by SECTION 4 of this Act
78	78	applies only to an application for a grant under Section
79	79	485.022(b), Government Code, submitted on or after the effective
80	80	date of this Act. An application submitted before the effective
81	81	date of this Act is governed by the law in effect when the
82	82	application was submitted, and the former law is continued in
83	83	effect for that purpose.
84	84	SECTION 6. This Act takes effect September 1, 2017.