CHAPTER 485A. MEDIA PRODUCTION DEVELOPMENT ZONES
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE F. COMMERCE AND INDUSTRIAL DEVELOPMENT
CHAPTER 485A. MEDIA PRODUCTION DEVELOPMENT ZONES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 485A.001. SHORT TITLE. This chapter may be cited as the
Media Production Development Zone Act.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.002. DEFINITIONS. In this chapter:
(1) "Media production facility" means a structure, building, or
room used for the specific purpose of creating a moving image
project. The term includes but is not limited to:
(A) a soundstage and scoring stage;
(B) a production office;
(C) an editing facility, an animation production facility, and a
video game production facility;
(D) a storage and construction space; and
(E) a sound recording studio and motion capture studio.
(2) "Media production development zone" means an area recognized
by a nominating body and approved by the office as a media
production development zone under this chapter.
(3) "Moving image project" means a visual and sound production,
including a film, television program, national or multistate
commercial, or digital interactive media production. The term
does not include a production that is obscene, as defined by
Section 43.21, Penal Code.
(4) "Nominating body" means the governing body of a municipality
or county, or a combination of the governing bodies of
municipalities or counties, that:
(A) recognizes a qualified area as a media production
development zone; and
(B) nominates and applies for designation of a location in a
media production development zone as a qualified media production
location.
(5) "Office" means the Music, Film, Television, and Multimedia
Office within the office of the governor.
(6) "Qualified media production location" means a location in a
media production development zone that has been designated by the
office as a qualified media production location in accordance
with this chapter.
(7) "Qualified person" means a person certified as a qualified
person under Section 485A.201.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.003. JURISDICTION OF MUNICIPALITY. For the purposes
of this chapter, territory in the extraterritorial jurisdiction
of a municipality is considered to be in the jurisdiction of the
municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. OFFICE POWERS AND DUTIES IN GENERAL
Sec. 485A.051. GENERAL POWERS AND DUTIES. (a) Except as
provided by Subsection (b), the office shall administer and
monitor the implementation of this chapter.
(b) The office and the comptroller's office shall jointly
establish criteria and procedures for:
(1) approving a qualified area recognized as a media production
development zone by a nominating body;
(2) designating a qualified location in a media production
development zone as a qualified media production location; and
(3) certifying a person as a qualified person under Section
485A.201.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.052. RULEMAKING AUTHORITY. The office shall adopt
rules necessary to implement this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.053. ANNUAL REPORT. On or before December 15 of each
year, the office shall submit to the governor, the legislature,
and the Legislative Budget Board a report that:
(1) evaluates the effectiveness of the media production
development zone program; and
(2) describes the use of state and local incentives under this
chapter and their effect on revenue.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.054. ASSISTANCE. The office shall provide to persons
desiring to construct, expand, maintain, improve, or renovate a
media production facility in a qualified media production
location information and appropriate assistance relating to the
required legal authorization, including a permit, certificate,
approval, and registration, necessary in this state to accomplish
that objective.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. APPROVAL OF MEDIA PRODUCTION DEVELOPMENT ZONE AND
DESIGNATION OF QUALIFIED MEDIA PRODUCTION LOCATIONS
Sec. 485A.101. CRITERIA FOR MEDIA PRODUCTION DEVELOPMENT ZONE
RECOGNITION. To be approved as a media production development
zone, an area:
(1) must be in a metropolitan statistical area, the principal
municipality of which:
(A) has a population of more than 250,000; and
(B) has the adequate workforce, infrastructure, facilities, or
resources to support the production and completion of moving
image projects;
(2) must be recognized as a media production development zone by
ordinance or order, as appropriate, of a municipality or the
commissioners court of a county; and
(3) will contain a qualified media production location within
its geographical boundaries that meets the criteria under Section
485A.102.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.102. CRITERIA FOR QUALIFIED MEDIA PRODUCTION LOCATION
DESIGNATION. To be designated a qualified media production
location, a location must be land or other real property that is
in a media production development zone and will:
(1) be used exclusively to build or construct one or more media
production facilities;
(2) if the real property is a building or other facility, be
renovated solely for the purpose of being converted into one or
more media production facilities; or
(3) if the real property consists solely of one or more media
production facilities, be improved or renovated for that purpose
or will be expanded into one or more additional media production
facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.103. MAXIMUM NUMBER OF ZONES AND LOCATIONS THROUGHOUT
STATE. (a) There may not be more than 10 media production
development zone designations under this chapter at any one time.
(b) There may not be more than five media production development
zones under this chapter in a region at any one time.
(c) Each media production development zone may not contain more
than three media production locations at any one time.
(d) For purposes of Subsection (b), the office shall divide the
state into regions consisting of geographical boundaries
prescribed by office rule.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.104. NOMINATION OF QUALIFIED MEDIA PRODUCTION
LOCATION. (a) The governing body of a municipality or county,
individually or in combination with other municipalities or
counties, by ordinance or order, as appropriate, may nominate as
a qualified media production location a location within its
jurisdiction that meets the criteria under Section 485A.102.
(b) The governing body of a county may not nominate territory in
a municipality, including extraterritorial jurisdiction of a
municipality, to be included in a proposed qualified media
production location unless the governing body of the municipality
also nominates the territory and together with the county files a
joint application under Section 485A.106.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.105. NOMINATING ORDINANCE OR ORDER. An ordinance or
order nominating a location as a qualified media production
location must:
(1) describe precisely both the media production development
zone in which the location is to be included and the proposed
location by a legal description or reference to municipal or
county boundaries;
(2) state a finding that the location meets the requirements of
this chapter and that the media production development zone in
which the location is to be included has been recognized as a
zone by ordinance or order, as appropriate, by the nominating
body;
(3) summarize briefly the local financial incentives, including
tax incentives, that, at the election of the nominating body,
will apply to a qualified person;
(4) contain a brief description of the project or activity to be
conducted by a qualified person at the location;
(5) nominate the location as a qualified media production
location; and
(6) contain an economic impact analysis from an economic expert.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.106. APPLICATION FOR DESIGNATION. (a) For a location
in a media production development zone to be designated as a
qualified media production location, the nominating body, after
nominating the location as a qualified media production location,
must send to the office a written application for designation of
the location in the zone as a qualified media production
location.
(b) The application must include:
(1) a certified copy of the ordinance or order, as appropriate,
nominating the location as a media production location;
(2) a certified copy of the ordinance or order, as appropriate,
recognizing the zone in which the location is to be included as a
media production development zone;
(3) appropriate supporting documents demonstrating that the
location qualifies for designation as a qualified media
production location;
(4) an estimate of the economic impact of the designation of the
location as a qualified media production location on the revenues
of the governmental entity or entities nominating the location as
a qualified media production location, considering the financial
incentives and benefits contemplated;
(5) an economic impact analysis of the proposed project or
activities to be conducted at the proposed qualified media
production location, which must include:
(A) an estimate of the amount of revenue to be generated to the
state by the project or activity;
(B) an estimate of any secondary economic benefits to be
generated by the project or activity;
(C) an estimate of the amount of state taxes to be exempted, as
provided by Section 151.3415, Tax Code; and
(D) any other information required by the comptroller for
purposes of making the certification required by Section
485A.109(b); and
(6) any additional information the office requires.
(c) Information required by Subsection (b) is for evaluation
purposes only.
(d) The economic impact analysis required by Subsection (b)(5)
must also be submitted to the comptroller.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.107. ADVISORY COMMITTEE. (a) The media production
advisory committee is composed of the following members:
(1) the director of the Texas Film Commission division of the
governor's office;
(2) one representative of the comptroller's office, appointed by
the comptroller; and
(3) subject to Subsection (b), nine representatives appointed by
the comptroller.
(b) In making appointments to the advisory committee under
Subsection (a)(3), the comptroller shall provide for a balanced
representation of the different geographic regions of this state.
Each of the following types of companies or organizations must
be represented by at least one member serving on the advisory
committee:
(1) animation production companies;
(2) film and television production companies;
(3) labor or workforce organizations;
(4) equipment vendors;
(5) the video gaming industry; and
(6) commercial production companies.
(c) The director of the Texas Film Commission division of the
office of the governor serves as the presiding officer of the
advisory committee. The advisory committee shall meet at the
call of the presiding officer.
(d) The advisory committee, through review of applications
submitted under Section 485A.108, shall make recommendations to
the office for designation of qualified media production
locations under this subchapter. The office may provide
administrative support to the advisory committee.
(e) Section 2110.008 does not apply to the advisory committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.108. REVIEW OF APPLICATION. (a) On receipt of an
application for the designation of a qualified media production
location, the office shall review the application to determine
whether the nominated location qualifies for designation as a
qualified media production location under this chapter.
(b) The office shall consider recommendations submitted by the
media production advisory committee with respect to applications
received by the office.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.109. DESIGNATION. (a) If the office determines that
a nominated location for which a designation application has been
received satisfies the criteria under Section 485A.102 and on
recommendation of the media production advisory committee, the
office may designate the nominated location as a qualified media
production location unless the office determines that the
designation request should be denied for the reasons specified by
Section 485A.110.
(b) A designation of a qualified media production location may
not be made under this section until the comptroller, based on an
evaluation of the economic impact analysis submitted under
Section 485A.106(b)(5), certifies that the project or activity to
be conducted at the designated location will have a positive
impact on state revenue.
(c) On designation of the first qualified media production
location in a media production development zone recognized by the
nominating body for that purpose, the office shall simultaneously
approve the media production development zone.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.110. DENIAL OF APPLICATION; NOTICE. (a) The office
shall deny an application for the designation of a qualified
media production location if:
(1) the office determines that the nominated location does not
satisfy the criteria under Section 485A.102;
(2) the office determines that the number of media production
location designations or number of approved media production
development zones at the time of the application are at the
maximum limit prescribed by Section 485A.103; or
(3) the comptroller has not certified that the proposed project
or activity to be conducted at the location will have a positive
impact on state revenue.
(b) The office shall inform the nominating body of the specific
reasons for denial of an application under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.111. PERIOD OF APPROVAL OR DESIGNATION. (a) An area
that qualifies under this subchapter may be approved by the
office as a media production development zone for a maximum of
five years after the date the last qualified media production
location was designated within the zone's boundaries.
(b) A location may be designated as a qualified media production
location, and may be eligible for the sales and use tax exemption
as provided by Section 151.3415, Tax Code, for a maximum of two
years.
(c) Except as provided by Section 485A.112, a media production
development zone approval and qualified media production location
designation remains in effect until September 1 of the final year
of the approval or designation, as appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.112. REMOVAL OF APPROVAL OR DESIGNATION. (a) The
office may remove the approval of an area recognized as a media
production development zone if the area no longer meets the
criteria for that recognition under this chapter or by office
rule adopted under this chapter.
(b) The office may remove the designation of a location as a
qualified media production location if the location no longer
meets the criteria for that designation under this chapter or by
office rule adopted under this chapter.
(c) The removal of a designation or approval does not affect the
validity of a tax incentive granted or accrued before the
removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. ADMINISTRATION OF MEDIA PRODUCTION LOCATION
Sec. 485A.151. ANNUAL REPORT. (a) For purposes of this
section, the governing body of a qualified media production
location is the governing body of the municipality or county, or
the governing bodies of the combination of municipalities or
counties, that applied to have the location designated as a
qualified media production location.
(b) Not later than October 1 of each year, the governing body of
a qualified media production location shall submit to the office
a report in the form prescribed by the office.
(c) The report must include for the year preceding the date of
the report:
(1) the use of local incentives for which the governing body
provided in the ordinance or order nominating the qualified media
production location and the effect of those incentives on
revenue;
(2) the number of qualified persons engaging in a project or
activity related to a media production facility at the qualified
media production location; and
(3) the types of projects or activities engaged or to be engaged
in by qualified persons at the qualified media production
location.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
SUBCHAPTER E. QUALIFIED PERSON DESIGNATION AND CERTIFICATION
Sec. 485A.201. QUALIFIED PERSON. A person is a qualified person
if the office, for the purpose of state benefits under this
chapter, or the nominating body of a qualified media production
location, for the purpose of local benefits, certifies that the
person, not later than 18 months after the date of the
designation:
(1) will build or construct one or more media production
facilities at a location;
(2) will renovate a building or facility solely for the purpose
of being converted into one or more media production facilities
at a location; or
(3) will renovate or expand one or more media production
facilities at a location.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.202. PROHIBITION ON QUALIFIED PERSON CERTIFICATION.
If the office determines that the nominating body of a qualified
media production location is not complying with this chapter, the
office shall prohibit the certification of a qualified person at
the location until the office determines that the nominating body
is complying with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.203. DURATION OF DESIGNATION. Except as provided by
Section 485A.204, the office's certification of a person as a
qualified person is effective until the second anniversary of the
date the designation is made, regardless of whether the
designation of the qualified media production location at which
the qualified person is to perform its commitments under this
chapter is terminated before that date.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.204. REMOVAL OF DESIGNATION. The office shall remove
the certification of a qualified person for state benefits under
this chapter if the office determines that the construction,
renovation, improvement, maintenance, or expansion of a media
production facility has not been completed at the qualified media
production location for which it has received its certification
within the period prescribed by Section 485A.201.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
SUBCHAPTER F. MEDIA PRODUCTION LOCATION BENEFITS
Sec. 485A.251. EXEMPTION FROM SALES AND USE TAX. Certain items
are exempt from the sales and use tax as provided by Section
151.3415, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.
Sec. 485A.252. MONITORING QUALIFIED PERSON COMMITMENTS. (a)
The office may monitor a qualified person to determine whether
and to what extent the qualified person has followed through on
the commitments made by the qualified person under this chapter.
(b) The office may determine that the qualified person is not
entitled to a tax exemption under Section 151.3415, Tax Code, if
the office determines that the qualified person:
(1) is not willing to cooperate with the office in providing
information needed by the office to make the determination under
Subsection (a);
(2) has substantially failed to follow through on the
commitments made by the person under this chapter before the
first anniversary of the date of the qualified media production
location designation; or
(3) fails to submit the report required by Section 151.3415, Tax
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1390, Sec. 1, eff. September 1, 2009.