1. (a) Feature Films, Television Programs and Visual Effects Projects for Feature Films and Television Programs may choose to receive an incentive payment based on either the Texas Spend Option or the Texas Wage Option. Projects are required to choose an option when submitting an application to the program. The selected option may be changed after the application is submitted, but not after the formal grant agreement has been signed. Grant awards will be calculated as follows:

   1. (1) Texas Spend Option - projects with total eligible in-state spending of:

      1. (A) At least $250,000 but less than $1 million will be eligible to receive a grant equal to 5% of eligible in-state spending.
      2. (B) At least $1 million but less than $5 million will be eligible to receive a grant equal to 10% of eligible in-state spending.
      3. (C) At least $5 million will be eligible to receive a grant equal to 15% of eligible in-state spending.

   2. (2) Texas Wage Option - projects with total eligible in-state spending of:

      1. (A) At least $250,000 but less than $1 million will be eligible to receive a grant equal to 8% of eligible wages paid to Texas residents.
      2. (B) At least $1 million but less than $5 million will be eligible to receive a grant equal to 17% of eligible wages paid to Texas residents.
      3. (C) At least $5 million will be eligible to receive a grant equal to 25% of eligible wages paid to Texas residents.
2. (b) Reality Television Projects, Commercials, Video Games, Educational or Instructional Videos and Visual Effects Projects for Commercials and Educational or Instructional Videos are eligible to receive a grant equal to 5% of total eligible in-state spending.

Source Note:The provisions of this §121.6 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029.