1. (a) The following types of projects are not eligible for grants under this program:

   1. (1) pornography or obscene material, as defined by Texas Penal Code, §43.21.
   2. (2) news, current event or public access programming, political advertising (including Public Service Announcements which advance a public policy or political position) or programs that include weather or market reports;
   3. (3) local events or religious services;
   4. (4) productions not intended for commercial, educational or instructional distribution;
   5. (5) sporting events or activities;
   6. (6) awards shows (unless broadcast on national network television to a national audience), galas, telethons or programs that solicit funds;
   7. (7) projects intended for undergraduate or graduate course credit;
   8. (8) application software, system software, or middleware;
   9. (9) casino-type video games used in a Gambling Device, as such term is defined pursuant to Texas Penal Code, §47.01; or
   10. (10) commercials or advertising for the State of Texas or any Texas state agency or department.
2. (b) Not every project will qualify for a grant. The Texas Film Commission is not required to act on any application and may deny an application or eventual payment on an application because of inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the Texas Film Commission, in a moving image project. In determining whether to act on or deny an application, the Texas Film Commission shall consider general standards of decency and respect for the diverse beliefs and values of the citizens of Texas. As part of the preliminary application process, the Texas Film Commission will review the Content Document, as defined in §121.8(a)(1)(C) of this chapter, and will advise the potential Applicant on whether the content will preclude the project from receiving a grant.
3. (c) Once an approved project has been completed, the Texas Film Commission will review the final content before issuing the grant, to determine if any substantial changes occurred during production to include content described by subsection (b) of this section.

Source Note:The provisions of this §121.4 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201.