SECTION 123.4. Request Review by Nominating Body

(a) Within 7 days of receipt of a request for MPDZ Exemption, the Nominating Body shall deliver to the Texas Film Commission (TFC) a digitized copy of the request.

(b) If the Nominating Body determines that the Requestor has submitted a complete request and, by official action, decides to consider that request, the Nominating Body shall provide written notice to the Requestor and to the TFC that includes:

(1) a statement that the Nominating Body has received and will be considering a completed request; and

(2) the date on which the request was received.

(c) In reviewing a request, the Nominating Body shall consider:

(1) whether the proposed media production location meets the requirements of the Act;

(2) whether the Requestor has the ability and financial wherewithal to successfully complete the building, constructing, renovating, or expanding of the proposed media production facility within 18 months from certification as a qualified person under §123.6(f)(1) of this chapter; and

(3) whether the proposed financial incentives are in the best interest of the Nominating Body and this state.

(d) Within 90 days of deciding to consider a completed request, the Nominating Body shall either:

(1) adopt a written ordinance or order nominating the proposed media production location which shall include:

(A) written findings as to each criterion listed in §485A.102 of the Act;

(B) written information as listed in §485A.105 of the Act;

(C) a determination that granting the MPDZ Exemption is in the best interest of the Nominating Body and this state; and

(D) designate and direct a representative of the Nominating Body to execute an Application for Exemption pursuant to §485A.106 of the Act and submit same to the TFC;

(2) deny the request; or

(3) take no official action and the request shall be considered denied on the 91st day after the request consideration start date.

(e) A Nominating Body may, for good cause and upon written notice to the Requestor with a copy to the TFC, take more than 90 days to consider a request under subsection (d) of this section.

(f) If not previously recognized, the Nominating Body at the same time shall also adopt a written ordinance or order recognizing the media production development zone in which a location nominated under subsection (d)(1) of this section is located. This ordinance or order shall include:

(1) a precise description of the zone by a legal description or reference to municipal or county boundaries;

(2) written findings as to each criterion listed in §485A.101 of the Act; and

(3) a determination that recognizing the zone is in the best interest of the Nominating Body and the state.

Source Note: The provisions of this §123.4 adopted to be effective March 25, 2014, 39 TexReg 2065