1. (a) A production company will not be eligible to conduct production activity on a state property if they fall under one of the following conditions.

   1. (1) The production company does not have production insurance in the amount required by the desired location that names the State of Texas as an additionally insured; and/or
   2. (2) The content of the project is obscene in nature, as defined by Texas Penal Code §43.21.

2. (b) A production company is ineligible to receive a waiver of location fees if they fall under one of the following conditions.

   1. (1) The production company does not have production insurance in the amount required by the desired location that names the State of Texas as an additionally insured; and/or
   2. (2) The production company does not meet the minimum in-state spending requirements.

Source Note:The provisions of this §122.4 adopted to be effective April 6, 2008, 33 TexReg 2683; amended to be effective July 30, 2008, 33 TexReg 5922.