1. (a) A project may be eligible for a grant under the Texas Moving Image Industry Incentive Program if it is a permitted project listed below that meets the minimum requirements.

2. (b) Feature Films.

   1. (1) A feature film is defined as any:

      1. (A) live-action or animated for-profit production, narrative or documentary;
      2. (B) that is more than 30 minutes in length; and
      3. (C) that is produced for distribution in theaters or via any digital format, including, but not limited to DVD, internet, or mobile electronic device.

   2. (2) Minimum Requirements:

      1. (A) Feature films must have minimum in-state spending of $1 million.
      2. (B) 80% of the production days must be completed in Texas.
      3. (C) 70% of the total number of paid crew must be Texas residents.
      4. (D) 70% of the total number of paid cast, including extras, must be Texas residents.
      5. (E) Animated feature films must have 70% of the combined total of paid crew and cast, including extras, be Texas residents.

3. (c) Television Programs.

   1. (1) A television program is defined as any:

      1. (A) live-action or animated for-profit production, narrative or documentary, including, but not limited to:

         1. (i) an episodic series;
         2. (ii) a miniseries;
         3. (iii) a television movie ("MOW");
         4. (iv) a television pilot; or
         5. (v) a television episode;
      2. (B) that is produced for distribution via broadcast, cable or any digital format, including, but not limited, to cable, satellite, internet, or mobile electronic device.

   2. (2) Minimum Requirements:

      1. (A) Television programs must have minimum in-state spending of $1 million per season.
      2. (B) 80% of the production days must be completed in Texas.
      3. (C) 70% of the total number of paid crew must be Texas residents.
      4. (D) 70% of the total number of paid cast, including extras, must be Texas residents.
      5. (E) Animated television programs must have 70% of the combined total of paid crew and cast, including extras, be Texas residents.

4. (d) Commercials.

   1. (1) A commercial is defined as any:

      1. (A) live-action or animated production;
      2. (B) that is an individual commercial, series of commercials, music video, infomercial, or interstitial;
      3. (C) that is less than 30 minutes in length;
      4. (D) that is made for the purpose of promoting a product, service, or idea; and
      5. (E) that is produced for distribution via broadcast, cable or any digital format including but not limited to cable, satellite, internet, or mobile electronic device.

   2. (2) Minimum Requirements:

      1. (A) Commercials must have minimum in-state spending of $100,000.
      2. (B) 80% of the production days must be completed in Texas.
      3. (C) 70% of the combined total of paid crew and cast, including extras, must be Texas residents.

5. (e) Video Games.

   1. (1) A video game is defined as any:

      1. (A) piece of software that provides a user or users with a game to play for the purpose of entertainment or education, such as for military or medical functions; and
      2. (B) that is created for a game console, personal computer, handheld console, mobile electronic or stand-alone arcade machine.

   2. (2) Minimum Requirements:

      1. (A) Video games must have minimum in-state spending of $100,000.
      2. (B) 80% of the production days must be completed in Texas.
      3. (C) 70% of the combined total of paid crew and cast must be Texas residents.

Source Note:The provisions of this §121.3 adopted to be effective March 10, 2008, 33 TexReg 2019.