PART 8. TEXAS FILM COMMISSION
CHAPTER 121. TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM
The Texas Film Commission within the Economic Development and Tourism Office of the Office of the Governor Office of the Governor ("OOG") adopts amendments to 13 TAC §121.3, concerning Eligible Projects. These amendments are adopted without changes to the proposed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3795). The rule will not be republished.
REASONED JUSTIFICATION:
The adopted amendment relates to the Texas Moving Image Industry Incentive Program, which was implemented to increase employment opportunities for Texas industry professionals, encourage tourism to the state, and boost economic activity in Texas cities and the overall Texas economy. The 88th Legislature passed House Bill 4539, which changed the residency threshold requirement for crew, actors, and extras from this state from 70% to 55%. The adopted amendments to §121.3 align the rule with section 485.023, Texas Government Code, as modified by the 88th Legislature.
COMMENTS
The public comment period for these rules began on July 14, 2023, and closed on August 13, 2023. The OOG received one comment.
The commenter, a trade organization, suggested changes to provisions or portions of provisions not being amended by this rulemaking, such as definitional modifications and changes to certification requirements. Because these comments were outside the scope of this rulemaking, the OOG declines to make suggested changes. The OOG is grateful for the commenter's participation in the rulemaking process, and encourages further comment during the next review of TMIIIP rules under section 2001.039, Texas Government Code, or to otherwise engage with the OOG on additional potential rulemaking actions.
STATUTORY AUTHORITY
The amendments are adopted under Section 485.022 of the Texas Government Code, which requires the Texas Film Commission to develop procedures for the administration and calculation of grant awards under TMIIIP. The amendments are also adopted in accordance with House Bill 4539, which was signed by Governor Abbott on June 12, 2023 and will take effect on September 1, 2023.
CROSS REFERENCE TO STATUTE
Chapter 121 of Texas Government Code. No other statutes, articles, or codes are affected by the adopted amendments.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2023.
TRD-202302961
Stephanie Whallon
Director
Texas Film Commission
Effective date: September 3, 2023
Proposal publication date: July 14, 2023
For further information, please call: (512) 463-2000