Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,716

                                
documentary subjects or interviewees, musicians performing as part
of a music performance production, and litigants and witnesses in
courtroom reality programs.
(5) Commercial--Any live-action or animated production;
that is an individual Commercial, more than one Commercial created
in a contiguous production period for the same client or music video or
infomercial that is made for the purpose of entertaining or promoting a
product, service, or idea and is produced for distribution via broadcast,
cable or any digital format, including, but not limited to, cable, satellite,
Internet, or mobile electronic device.
(6) Crew--Workers paid by the Applicant to perform work
in Texas that is directly contracted and credited for a specific position,
but excluding musicians performing as part of a music performance
production. An individual may work in more than one position on a
production. Executive Producers and/or permanent salaried employ-
ees of an Applicant for a Commercial project listed on call sheets or
production reports, but not paid Wages and do not perform services
on the project other than producing services, shall not be counted in
Crew calculations for Texas Residency purposes. Vendors serving a
traditional crew function and providing personal services, but paid as
independent contractors rather than through payroll, will be counted in
Texas Residency Crew calculations and should provide a Declaration
of Texas Residency Form.
(7) Declaration of Texas Residency Form--A document
promulgated by the Texas Film Commission (Commission) to be
utilized by Applicants in order to prove the residency status of each
Texas Resident Crew or Cast member.
(8) Digital Interactive Media Production--Software that
provides a user or users with a game to play for the purpose of enter-
tainment or education, including for military or medical simulation
training, and which is created for a game console, personal computer,
handheld console, mobile electronic machine or an electronic device
used by a business or consumer solely for bona fide amusement pur-
poses that rewards the player exclusively with non-cash merchandise
prizes or a representation of value redeemable for those items, as
outlined in Texas Penal Code, 47.01.
(9) Educational or Instructional Video--Any individual live
action or animated production or a contiguous series of more than one
production created for the same client produced for exhibition in an
educational or instructional setting.
(10) Episodic Television Series--A Television Program
consisting of multiple episodes of a single season.
(11) Expended Budget--The final verifying documentation
submitted by an Applicant to the Commission at the completion of a
project that shows the total eligible in-state spending and includes all
documentation considered by the Commission to be necessary to show
compliance with the requirements of the Texas Moving Image Industry
Incentive Program.
(12) Feature Film--Any live-action or animated for-profit
production, narrative or documentary that is produced for distribution
in theaters or via any digital format, including, but not limited to, DVD,
Internet, or mobile electronic device.
(13) Filming Day--A day of Production as defined in para-
graph (18) of this section. For purposes of calculating 60% of Filming
Days for purposes of 121.3 of this chapter (but not for purposes of
calculating 25% of Filming Days for purposes of 121.7 of this chap-
ter), a "day" may include not only a traditional "day" of Production, but
also a concurrent "day" of Production conducted by a second unit, so
long as:

(A) Such second unit, is not a splinter unit, but is uti-
lized for a bona fide, production-related purpose and would be recog-
nized by the Directors Guild of America as a second unit; and
(B) A call sheet, and production report, for such "day"
is circulated and executed in connection with the activities of such sec-
ond unit. Any such bona fide, second unit "day" shall be added to both
the numerator of Texas days and the denominator of total days for pur-
poses of calculating 60% of Filming Days for purposes of 121.3 of
this chapter.
(14) Physical Production--The period encompassing Pre-
Production, Production, and Postproduction.
(15) Postproduction--The period of Physical Production
that occurs after the end of Production, as defined in paragraph (18) of
this section; including but not limited to, editing, music, sound, visual
effects and animation.
(16) Pre-Production--The period of Physical Production
that occurs before the start of Production as defined in paragraph (18)
of this section.
(17) Principal Start Date--
(A) For a live action Feature Film, Television Program,
Reality Television Project, Educational or Instructional Video or Com-
mercial project, this is the first day of principal photography.
(B) For a Digital Interactive Media Production, Visual
Effects Project or animated project, this is the first day of Production.
(18) Production--
(A) For a live action Feature Film, Television Program,
Reality Television Project, Educational or Instructional Video or Com-
mercial project, this is the period of Physical Production between the
first and last days of principal photography, inclusive.
(B) For a Digital Interactive Media Production, Visual
Effects Project or animated project, this is the period of Physical Pro-
duction between the end of Pre-Production and the completion of the
project.
(19) Production Company--A film production company,
television production company, Digital Interactive Media Production
developer, commercial production company, visual effects company,
animation production company or postproduction company.
(20) Qualifying Application--A Qualifying Application
has the meaning provided in  121.8(a)(1) of this chapter.
(21) Reality Series--A Reality Television Project consist-
ing of multiple episodes of a single season.
(22) Reality Television Project--Any live action, for-profit
production based upon unscripted content, including, but not limited
to, a Reality Series, a contest or game show (to include individual
episodes), or a talk show (to include individual episodes) that is pro-
duced for distribution via broadcast, cable or any digital format, includ-
ing, but not limited to, satellite, Internet and mobile electronic device.
(23) Television Program--Any live-action or animated for-
profit production, narrative or documentary, including, but not limited
to, an Episodic Television Series, a miniseries, a television movie, a
television pilot, a television episode, an interstitial Television Program,
or a musical performance more than 30 minutes in length that is pro-
duced for distribution via broadcast, cable or any digital format, in-
cluding, but not limited to, satellite, Internet and mobile electronic de-
vice (including a short episode or series of episodes, either narrative
or documentary, that is distributed initially as an Internet download or
stream).

38 TexReg 5716 August 30, 2013  Texas Register