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 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, galas or 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 directly used in a gambling device, as 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 State of Texas is not required to make grants to projects that include inappropriate content or content that portrays Texas or Texans in a negative fashion. As part of the preliminary application process, the Texas Film Commission will review the content document, and will advise the potential applicant on whether the content will exclude 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 ensure that revisions made during production have not created an extreme difference from the content as initially approved.

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.