1 | 1 | | 88R13065 LRM-D |
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2 | 2 | | By: Miles S.B. No. 1459 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to benefits and incentives for media production in this |
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8 | 8 | | state. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 485A.002(3), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (3) "Moving image project" means a visual and sound |
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13 | 13 | | production, including a film, a television program, streaming |
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14 | 14 | | content, a national or multistate commercial, or a digital |
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15 | 15 | | interactive media production. The term does not include a |
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16 | 16 | | production that is obscene, as defined by Section 43.21, Penal |
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17 | 17 | | Code. |
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18 | 18 | | SECTION 2. Chapter 485A, Government Code, is amended by |
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19 | 19 | | adding Subchapter G to read as follows: |
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20 | 20 | | SUBCHAPTER G. MEDIA PRODUCTION FACILITY INCENTIVE PROGRAM |
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21 | 21 | | Sec. 485A.301. DEFINITIONS. In this subchapter: |
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22 | 22 | | (1) "In-state construction spending" means the amount |
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23 | 23 | | of money spent by a production company on the acquisition, |
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24 | 24 | | construction, conversion, renovation, or lease of a media |
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25 | 25 | | production facility. |
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26 | 26 | | (2) "Production company" has the meaning assigned by |
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27 | 27 | | Section 485.021. |
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28 | 28 | | Sec. 485A.302. MEDIA PRODUCTION FACILITY INCENTIVE |
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29 | 29 | | PROGRAM. (a) Using gifts, grants, donations, and appropriations |
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30 | 30 | | made available to the office for that purpose, the office shall |
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31 | 31 | | administer a grant program for production companies that: |
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32 | 32 | | (1) construct media production facilities at a |
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33 | 33 | | qualified media production location; or |
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34 | 34 | | (2) convert existing buildings or structures into |
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35 | 35 | | media production facilities at a qualified media production |
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36 | 36 | | location. |
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37 | 37 | | (b) The office shall develop a procedure for the submission |
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38 | 38 | | of grant applications and the awarding of grants under this |
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39 | 39 | | subchapter. The procedure must include: |
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40 | 40 | | (1) requirements for the submission, before facility |
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41 | 41 | | construction or conversion begins, of an estimate of total in-state |
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42 | 42 | | construction spending; and |
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43 | 43 | | (2) provisions relating to the submission of other |
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44 | 44 | | information considered useful and necessary by the office for an |
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45 | 45 | | adequate and accurate analysis of a production company's |
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46 | 46 | | qualifications for a grant under this subchapter. |
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47 | 47 | | (c) A production company is not required to reapply for a |
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48 | 48 | | grant under this subchapter for each year of the 10-year period |
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49 | 49 | | described by Section 485A.303(2). |
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50 | 50 | | (d) The office may accept gifts, grants, and donations for |
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51 | 51 | | the purpose of implementing this subchapter. |
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52 | 52 | | Sec. 485A.303. QUALIFICATION. To qualify for a media |
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53 | 53 | | production facility grant under this subchapter, a production |
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54 | 54 | | company must: |
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55 | 55 | | (1) be a: |
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56 | 56 | | (A) limited liability company, partnership, or |
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57 | 57 | | corporation formed or organized under the laws of this state; or |
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58 | 58 | | (B) joint venture or other legal entity in which |
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59 | 59 | | at least one entity that holds at least a 30 percent ownership |
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60 | 60 | | interest is a limited liability company, partnership, or |
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61 | 61 | | corporation formed or organized under the laws of this state; and |
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62 | 62 | | (2) commit to either constructing a media production |
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63 | 63 | | facility or converting an existing building or structure into a |
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64 | 64 | | media production facility and producing moving image projects for a |
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65 | 65 | | 10-year period. |
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66 | 66 | | Sec. 485A.304. GRANT. The amount of a media production |
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67 | 67 | | facility grant under this subchapter is determined as follows: |
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68 | 68 | | (1) if the production company spent at least $2 |
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69 | 69 | | million but less than $4 million on the facility, the amount of the |
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70 | 70 | | grant is equal to 10 percent of in-state construction spending on |
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71 | 71 | | the facility; or |
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72 | 72 | | (2) if the production company spent at least $4 |
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73 | 73 | | million on the facility, the amount of the grant is equal to 20 |
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74 | 74 | | percent of in-state construction spending on the facility. |
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75 | 75 | | Sec. 485A.305. ADDITIONAL GRANT FOR UNDERUTILIZED AND |
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76 | 76 | | ECONOMICALLY DISTRESSED AREAS. In addition to the grants |
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77 | 77 | | calculated under Sections 485A.304 and 485A.306, a production |
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78 | 78 | | company that constructs a media production facility or converts an |
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79 | 79 | | existing building or structure into a media production facility in |
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80 | 80 | | an underutilized and economically distressed area is eligible for |
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81 | 81 | | an additional grant in an amount equal to 7.5 percent of the total |
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82 | 82 | | amount of the production company's in-state construction spending |
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83 | 83 | | for the facility. |
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84 | 84 | | Sec. 485A.306. ADDITIONAL GRANT FOR CERTAIN MEDIA |
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85 | 85 | | PRODUCTION FACILITIES. (a) In addition to the grants calculated |
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86 | 86 | | under Sections 485A.304 and 485A.305, a production company is |
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87 | 87 | | eligible for an additional grant in an amount equal to 7.5 percent |
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88 | 88 | | of the total amount of the company's in-state construction spending |
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89 | 89 | | for a media production facility if: |
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90 | 90 | | (1) the company constructs the facility or converts |
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91 | 91 | | the building or structure to produce projects with a focus on |
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92 | 92 | | persons from diverse ethnic backgrounds; and |
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93 | 93 | | (2) at least 35 percent of the persons employed at the |
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94 | 94 | | facility are women or are from diverse ethnic backgrounds. |
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95 | 95 | | (b) The office shall adopt rules prescribing the method by |
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96 | 96 | | which the office will determine whether a production company meets |
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97 | 97 | | the requirements for an additional grant under this section. |
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98 | 98 | | SECTION 3. This Act takes effect September 1, 2023. |
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