SECTION 123.6. Application Review

(a) Upon receipt of an Application for MPDZ Exemption from a Nominating Body, the Texas Film Commission (TFC) shall review the application to determine:

(1) whether the application is complete in accordance with §485A.106 of the Act and with the provisions of this chapter;

(2) whether the nominated location qualifies for designation as a media production location; and

(3) if not previously reviewed, whether the recognized zone qualifies for approval as a media production development zone.

(b) The TFC shall provide to the Nominating Body written notice that either:

(1) the application is complete and is being considered; or

(2) the application is incomplete and is being returned to the Nominating Body for remediation.

(c) Upon acceptance of an application for consideration, the TFC shall deliver to the Comptroller's office:

(1) a digitized copy of the Requestor's request;

(2) a digitized copy of Nominating Body's application; and

(3) a request for certification as to whether the proposed project will have a positive impact on state revenue.

(d) Within 30 days of receipt of the items in subsection (c) of this section, the Comptroller's office shall provide in writing to the TFC certification as to whether the proposed project will have a positive impact on state revenue. Should the Comptroller's office request additional information from the Requestor or the Nominating Body, the time it takes a party to provide the additional information shall not count toward the 30 days.

(e) Upon receipt of certification of positive state revenue impact from the Comptroller's office, the TFC shall call a meeting of the Media Production Advisory Committee to, as soon as practicable:

(1) review the Requestor's request, the Nominating Body's application and the Comptroller's certification; and

(2) provide a written recommendation to the TFC with respect to the pending application.

(f) If the TFC approves an application, it shall provide to the Requestor, with a copy to the Nominating Body, a letter indicating:

(1) certification of the Requestor as a qualified person;

(2) approval granting the MPDZ Exemption to the qualified person; and

(3) the expiration date for such exemption.

(g) If the TFC approves an application, it shall, as needed, simultaneously approve the project's recognized zone as a media production development zone, and designate the project's nominated location as a qualified media program location. It shall communicate these actions in writing to the Nominating Body and the Requestor.

(h) If the TFC denies an application, it shall provide written notification to the Nominating Body and the Requestor.

Source Note: The provisions of this §123.6 adopted to be effective March 25, 2014, 39 TexReg 2065