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  81R1047 CLG-D
 
  By: Anchia H.B. No. 1142
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the designation of media production development zones
  and to exemptions from the sales and use tax for items used for
  sound stages in media production development zones.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 4, Government Code, is amended
  by adding Chapter 485A to read as follows:
  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.
         Sec. 485A.002.  DEFINITIONS. In this chapter:
               (1)  "Media production development zone" means an area
  designated as a media production development zone under this
  chapter.
               (2)  "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.
               (3)  "Nominating body" means the governing body of a
  municipality or county, or a combination of the governing bodies of
  municipalities or counties, that nominates and applies for
  designation of an area as a media production development zone.
               (4)  "Office" means the Music, Film, Television, and
  Multimedia Office within the office of the governor.
               (5)  "Qualified person" means a person certified as a
  qualified person under Section 485A.201.
               (6)  "Sound stage" means a soundproof structure,
  building, or room used for a moving image project.
         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.
  [Sections 485A.004-485A.050 reserved for expansion]
  SUBCHAPTER B.  OFFICE POWERS AND DUTIES IN GENERAL
         Sec. 485A.051.  GENERAL POWERS AND DUTIES. (a)  The office
  shall administer and monitor the implementation of this chapter.
         (b)  The office shall establish criteria and procedures for
  designating a qualified area as a media production development zone
  and for certifying a person as a qualified person under Section
  485A.201.
         Sec. 485A.052.  RULEMAKING AUTHORITY.  The office shall
  adopt rules necessary to implement this chapter.
         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.
         Sec. 485A.054.  ASSISTANCE. The office shall provide to
  persons desiring to construct, expand, maintain, improve, or
  renovate a sound stage in a media production development zone
  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.
  [Sections 485A.055-485A.100 reserved for expansion]
  SUBCHAPTER C.  DESIGNATION OF MEDIA PRODUCTION DEVELOPMENT ZONE
         Sec. 485A.101.  CRITERIA FOR MEDIA PRODUCTION DEVELOPMENT
  ZONE DESIGNATION.  (a)  To be designated a media production
  development zone, an area must be land or other real property that:
               (1)  will:
                     (A)  be used exclusively to build or construct one
  or more sound stages;
                     (B)  if the real property is a building or other
  facility, be renovated solely for the purpose of being converted
  into one or more sound stages; or
                     (C)  if the real property consists solely of one
  or more sound stages, be improved or renovated for that purpose or
  will be expanded into one or more additional sound stages;
               (2)  is located in a metropolitan 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;
               (3)  is:
                     (A)  included in a municipal utility district
  created under Section 52, Article III, or Section 59, Article XVI,
  Texas Constitution;
                     (B)  designated as a reinvestment zone for tax
  increment financing under Chapter 311, Tax Code; or
                     (C)  designated as a defense economic
  readjustment zone under Chapter 2310; and
               (4)  is to be nominated as a media production
  development zone by an ordinance or order adopted by the nominating
  body.
         (b)  The office may not designate an area as a media
  production development zone if two media production development
  zones are located in the jurisdiction of and were nominated as
  media production development zones by the governing body of the
  municipality or county nominating the area as a media production
  development zone.
         Sec. 485A.102.  MAXIMUM NUMBER OF ZONE DESIGNATIONS
  THROUGHOUT STATE. There may not be more than 10 media production
  development zone designations under this chapter at any one time.
         Sec. 485A.103.  NOMINATION OF MEDIA PRODUCTION DEVELOPMENT
  ZONE. (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
  media production development zone an area within its jurisdiction
  that meets the criteria under Section 485A.101.
         (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 media
  production development zone unless the governing body of the
  municipality also nominates the territory and together with the
  county files a joint application under Section 485A.105.
         Sec. 485A.104.  NOMINATING ORDINANCE OR ORDER. An ordinance
  or order nominating an area as a media production development zone
  must:
               (1)  describe precisely the area to be included in the
  zone by a legal description or reference to municipal or county
  boundaries;
               (2)  state a finding that the area meets the
  requirements of this chapter;
               (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 in the area; and
               (5)  nominate the area as a media production
  development zone.
         Sec. 485A.105.  APPLICATION FOR DESIGNATION. (a)  For an
  area to be designated as a media production development zone, the
  nominating body, after nominating the area as a media production
  development zone, must send to the office a written application for
  designation of the area as a media production development zone.
         (b)  The application must include:
               (1)  a certified copy of the ordinance or order, as
  appropriate, nominating the area as a media production development
  zone;
               (2)  appropriate supporting documents demonstrating
  that the area qualifies for designation as a media production
  development zone;
               (3)  an estimate of the economic impact of the
  designation of the area as a media production development zone on
  the revenues of the governmental entity or entities nominating the
  area as a media production development zone, considering the
  financial incentives and benefits contemplated; and
               (4)  any additional information the office requires.
         (c)  Information required by Subsection (b) is for
  evaluation purposes only.
         Sec. 485A.106.  REVIEW OF APPLICATION. On receipt of an
  application for the designation of a media production development
  zone, the office shall review the application to determine if the
  nominated area qualifies for designation as a media production
  development zone under this chapter.
         Sec. 485A.107.  DESIGNATION. If the office determines that
  a nominated area for which a designation application has been
  received satisfies the criteria under Section 485A.101, the office
  may designate the nominated area as a media production development
  zone unless the office determines that the designation request
  should be denied for the reasons specified by Section 485A.108.
         Sec. 485A.108.  DENIAL OF APPLICATION; NOTICE. (a)  The
  office shall deny an application for the designation of a media
  production development zone if the office determines that:
               (1)  the nominated area does not satisfy the criteria
  under Section 485A.101; or
               (2)  the number of media production development zone
  designations at the time of the application is at the maximum limit
  prescribed by Section 485A.102.
         (b)  The department shall inform the nominating body of the
  specific reasons for denial of an application under this section.
         Sec. 485A.109.  PERIOD OF DESIGNATION.  (a)  An area may be
  designated as a media production development zone for a maximum of
  five years.
         (b)  Except as provided by Section 485A.110, a media
  production development zone designation remains in effect until
  September 1 of the final year of the designation.
         Sec. 485A.110.  REMOVAL OF DESIGNATION. (a)  The office may
  remove the designation of an area as a media production development
  zone if the area no longer meets the criteria for designation under
  this chapter or by office rule adopted under this chapter.
         (b)  The removal of a designation does not affect the
  validity of a tax incentive granted or accrued before the removal.
  [Sections 485A.111-485A.150 reserved for expansion]
  SUBCHAPTER D.  ADMINISTRATION OF MEDIA PRODUCTION DEVELOPMENT ZONE
         Sec. 485A.151.  ANNUAL REPORT. (a) For purposes of this
  section, the governing body of a media production development zone
  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 area designated as a media production
  development zone.
         (b)  Not later than October 1 of each year, the governing
  body of a media production development zone 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
  media production development zone and the effect of those
  incentives on revenue;
               (2)  the number of qualified persons engaging in a
  project or activity related to a sound stage in the media production
  development zone; and
               (3)  the types of projects or activities engaged or to
  be engaged in by qualified persons in the media production
  development zone.
  [Sections 485A.152-485A.200 reserved for expansion]
  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 media production development
  zone, for the purpose of local benefits, certifies that the person,
  not later than 18 months after the date of the zone designation:
               (1)  will build or construct one or more sound stages in
  the zone;
               (2)  will renovate a building or facility solely for
  the purpose of being converted into one or more sound stages in the
  zone; or
               (3)  will renovate or expand one or more sound stages in
  the zone.
         Sec. 485A.202.  PROHIBITION ON QUALIFIED PERSON
  CERTIFICATION. If the office determines that the nominating body
  of a media production development zone is not complying with this
  chapter, the office shall prohibit the certification of a qualified
  person in the zone until the office determines that the nominating
  body is complying with this chapter.
         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 fifth anniversary of the
  date the designation is made, regardless of whether the media
  production development zone in which the qualified person is to
  perform its commitments under this chapter is terminated before
  that date.
         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 sound stage
  has not been completed in the media production development zone
  within the period prescribed by Section 485A.201.
  [Sections 485A.205-485A.250 reserved for expansion]
  SUBCHAPTER F.  MEDIA PRODUCTION DEVELOPMENT ZONE 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.
         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); or
               (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 zone designation.
         SECTION 2.  Subchapter H, Chapter 151, Tax Code, is amended
  by adding Section 151.3415 to read as follows:
         Sec. 151.3415.  ITEMS SOLD TO OR USED TO CONSTRUCT,
  MAINTAIN, EXPAND, IMPROVE, OR RENOVATE SOUND STAGE IN MEDIA
  PRODUCTION DEVELOPMENT ZONES. (a) In this section, "qualified
  person" and "media production development zone" have the meanings
  assigned by Section 485A.002, Government Code.
         (b)  The sale, lease, or rental of a taxable item to a
  qualified person is exempted from the taxes imposed by this chapter
  if the item is used for:
               (1)  the construction, maintenance, expansion,
  improvement, or renovation of a sound stage located in a media
  production development zone; or
               (2)  the renovation of a building or facility located
  in a media production development zone that is to be used
  exclusively as a sound stage.
         SECTION 3.  This Act takes effect September 1, 2009.