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A BILL TO BE ENTITLED
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AN ACT
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relating to the music, film, television, and multimedia production |
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industry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 485.003, Government Code, is amended to |
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read as follows: |
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Sec. 485.003. COMMISSIONER [DIRECTOR]; STAFF. The governor |
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may employ a commissioner [director] who may employ other employees |
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necessary to carry out the office's duties. |
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SECTION 2. Subchapter A, Chapter 485, Government Code, is |
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amended by adding Section 485.008 to read as follows: |
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Sec. 485.008. AUDITS OF MUSIC, FILM, TELEVISION, AND |
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MULTIMEDIA FUND. (a) The state auditor may conduct effectiveness, |
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compliance, and economy or efficiency audits of the music, film, |
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television, and multimedia fund. As part of the audits, the state |
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auditor may determine whether: |
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(1) money is disbursed in compliance with the |
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requirements and purpose of this chapter; and |
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(2) the office monitors grant recipients to determine |
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whether the recipients comply with the terms of any applicable |
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agreement and with the requirements of this chapter. |
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(b) The office shall cooperate with the state auditor and |
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provide the state auditor with access to all records, confidential |
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or nonconfidential, necessary to conduct the audits under this |
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section. |
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SECTION 3. Section 485.021, Government Code, is amended by |
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amending Subdivision (2) and adding Subdivision (6) to read as |
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follows: |
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(2) "Moving image project" means a visual and sound |
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production, including a film, television program, national or |
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multistate commercial, educational or instructional video, or |
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digital interactive media production. The term does not include a |
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production that: |
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(A) is obscene, as defined by Section 43.21, Penal Code; or |
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(B) the office determines will probably on completion meet |
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the qualifications for: |
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(i) an "R" or "NC-17" rating issued by the Motion Picture |
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Association of America, as those qualifications existed on |
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September 1, 2017; or |
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(ii) an "M" or "A" rating issued by the Entertainment |
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Software Rating Board, as those qualifications existed on September |
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1, 2017. |
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(6) “Day of production activity” includes any day during |
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which a production company incurs an expense that qualifies as |
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in-state spending. |
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SECTION 4. Section 485.023, Government Code, is amended to |
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read as follows: |
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Sec. 485.023. QUALIFICATION. To qualify for a grant under |
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this subchapter: |
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(1) a production company must have spent a minimum of: |
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(A) $250,000 in in-state spending for a film or |
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television program; or |
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(B) $100,000 in in-state spending for a |
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commercial or series of commercials, an educational or |
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instructional video or series of educational or instructional |
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videos, or a digital interactive media production; |
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(2) at least 70 percent of the production crew, |
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actors, and extras for a moving image project must be Texas |
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residents unless the office determines and certifies in writing |
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that a sufficient number of qualified crew, actors, and extras are |
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not available to the company at the time principal photography |
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begins; |
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(3) at least 60 percent of the moving image project |
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must be filmed in Texas; [and] |
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(4) a production company must submit to the office an |
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expended budget, in a format prescribed by the office, that |
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reflects all in-state spending and includes all receipts, invoices, |
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pay orders, and other documentation considered necessary by the |
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office to accurately determine the amount and duration of a |
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production company's in-state spending that has occurred; and |
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(5) a production company must have engaged in no fewer |
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than 120 days of production activity in Texas. |
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SECTION 5. The change in law made by SECTION 4 of this Act |
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applies only to an application for a grant under Section |
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485.022(b), Government Code, submitted on or after the effective |
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date of this Act. An application submitted before the effective |
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date of this Act is governed by the law in effect when the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |