The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Applicant--The potential financial recipient of the grant either producing the project or the owner of the copyright. For commercials, this could be the production company, Ad Agency, or client. Only one application and applicant per project is allowed.
2. (2) Business day--A day other than Saturday, Sunday or a legal holiday.
3. (3) Cast--All people who appear or perform in front of the camera, including but not limited to, featured actors, extras, and interviewees.
4. (4) Department head--A manager or lead person who supervises and directs a department or group of one or more people, and who is ultimately responsible for the management of a particular division within a project.
5. (5) Eligible projects--Feature films, television programs, commercials, and video games that meet the qualifying requirements described in §121.3 of this chapter.
6. (6) Final expended budget--The total of in-state spending at the completion of the project that includes all receipts, invoices, pay orders, and any other documentation considered necessary for audit.
7. (7) Game console--An electronic device or machine used by consumers primarily for the purpose of playing video games, including, but not limited to, the Nintendo Wii, the Sony PlayStation 3, the Sony PlayStation 2 and the Microsoft Xbox360.
8. (8) Goods and services--Physical products and services directly attributable to the production of a project that include, but are not limited to, contractors, subcontractors and service providers, and product or equipment purchases, rentals and leases.
9. (9) Handheld console--A portable electronic device used by a consumer primarily for the purpose of playing video games, including, but not limited to, the Sony PlayStation Portable, the Nintendo DS, the Nintendo Game Boy Advanced and the Nintendo Game Boy Color.
10. (10) Ineligible projects--Projects that do not qualify for the grant, as stated in §121.4 of this chapter.
11. (11) In-state spending (Texas spend)--The amount of money spent in Texas by a production company during pre-production, production and postproduction of the project.
12. (12) Mobile electronic--A portable electronic device used by a consumer for the purpose of mobile computing and communication, including, but not limited to, personal digital assistants (PDAs) and mobile phones.
13. (13) Pass through company--A company or person that acts as an agent or broker for companies or persons outside of Texas to provide goods or services for the purpose of taking advantage of the Texas Moving Image Industry Incentive Program.
14. (14) Personal computer--An electronic device or machine used by a consumer for a variety of applications, including playing games. Games for this platform include those which play on the computer's CPU, as well as web and online game applications that are played using the personal computer.
15. (15) Physical production--The period encompassing pre-production, production, and postproduction.
16. (16) Postproduction expenditures--Expenditures that occur after the end of production, as defined in paragraph (19) of this section, including, but not limited to, editing, music, sound, and visual effects.
17. (17) Pre-production--The period where preparations are made for principal photography.

18. (18) Principal start date--

    1. (A) For film, television, or commercial projects, this is the first day of principal photography.
    2. (B) For video game and animated projects, this is the first day of production.

19. (19) Production--has different definitions for film, television, commercial, and video game projects.

    1. (A) For film, television, or commercial projects, this is the period between the first and last days of principal photography, inclusive.
    2. (B) For video game and animated projects, this is the period between the end of pre-production and the creation of the gold master.
20. (20) Production company--A film production company, television production company, video game developer, commercial production company, or film and television production company.
21. (21) Series of commercials--More than one commercial created in a contiguous production period and promoting the same product, service, or idea.
22. (22) Stand-alone arcade machine--An electronic device used by a business or consumer solely for bona fide amusement purposes that reward the player exclusively with non-cash merchandise prizes or a representation of value redeemable for those items, as outlined in Texas Penal Code, §47.01.
23. (23) Texas crew--An individual directly employed by the production company that is involved in the creation of this specific project.
24. (24) Texas resident--An individual who has resided in Texas for at least 120 days prior to the principal start date, unless enrolled as a full-time student at a Texas Institution of Higher Education, as defined by Texas Education Code §61.003.
25. (25) Underused area--Any area of Texas outside a 30-mile radius from Austin City Hall or Dallas City Hall.

Source Note:The provisions of this §121.2 adopted to be effective March 10, 2008, 33 TexReg 2019.