(a) A project may be eligible for a grant under the Texas Moving Image Industry Incentive Program if it meets the stated minimum requirements listed in Subsections (b) - (h) of this Section, is appropriate in content, and represents a potential economic impact in Texas, as assessed in §121.9(c)(3) of this Chapter, that is sufficient to justify acceptance in the program.
(b) Feature Films.
  (1) Feature Film Applicants must expend a minimum of $250,000 in in-state spending.
  (2) Applicants must film at least 60% of a project in Texas. Applicants must fulfill this requirement by:
    (A) completing at least 60% of Filming Days in Texas; or
    (B) if the Texas Film Commission (Commission) provides prior written approval:
      (i) completing at least 60% of the total project Man Hours in Texas; or
      (ii) having at least 60% of the actual locations used and paid for, not including basecamps, in Texas.
  (3) Except as provided in paragraph (4) of this Subsection, 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
  (4) For animated or documentary Feature Films, 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(c) Television Programs.
  (1) Television Program Applicants must expend a minimum of $250,000 in in-state spending.
  (2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
    (A) completing at least 60% of the total Man Hours in Texas; or
    (B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
  (3) Except as provided in paragraph (4) of this Subsection, 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
  (4) For animated or documentary Television Programs, 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(d) Reality Television Projects.
  (1) Reality Television Project Applicants must expend a minimum of $250,000 in in-state spending.
  (2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
    (A) completing at least 60% of the total Man Hours in Texas; or
    (B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
  (3) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(e) Commercials.
  (1) Commercial Applicants must expend a minimum of $100,000 in in-state spending.
  (2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
    (A) completing at least 60% of the total Man Hours in Texas; or
    (B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
  (3) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(f) Digital Interactive Media Productions.
  (1) Digital Interactive Media Production Applicants must expend a minimum of $100,000 in in-state spending.
  (2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
    (A) completing at least 60% of the total Man Hours in Texas; or
    (B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
  (3) 55% of the combined total of Crew and Cast paid by the Applicant must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(g) Educational or Instructional Videos.
  (1) Educational or Instructional Video Applicants must expend a minimum of $100,000 in in-state spending.
  (2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
    (A) completing at least 60% of the total Man Hours in Texas; or
    (B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
  (3) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
(h) Visual Effects Projects.
  (1) Visual Effect Project for a Feature Film or Television Program:
    (A) Applicants must expend a minimum of $250,000 in in-state spending.
    (B) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
      (i) completing at least 60% of the total Man Hours in Texas; or
      (ii) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
    (C) 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.
  (2) Visual Effect Project for an Educational or Instruction Video or Commercial:
    (A) Applicants must expend a minimum of $100,000 in in-state spending.
    (B) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:
      (i) completing at least 60% of the total Man Hours in Texas; or
      (ii) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.
    (C) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.

Source Note: The provisions of this §121.3 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 1, 2010, 35 TexReg 6519; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective January 1, 2012, 36 TexReg 8818; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484; amended to be effective September 3, 2023, 48 TexReg 4850