 "Photo: Joe Buglewicz")
In selecting the shooting location for the 2006 basketball drama "Glory Road," a film about a college basketball team in El Paso, filmmakers decided on the obvious choice: New Orleans, La.
Concerns regarding how to keep films about Texas, made in Texas, led Gov. Rick Perry to sign House Bill 1634 at Austin Studios, located on the site of the former airport. HB 1634 aims to make full use of the state's resources and talent as well as push Austin to the forefront of the film and television industry.
The bill, which creates Texas' Moving Image Industry Incentive Program, was authored by Rep. Dawnna Dukes, D-Austin, and intends to attract production companies to Texas with publicly funded grants. The bill could give $22 million to qualifying companies, with more funds expected as in-state film and television production increases.
According to the Texas Film Commission, a state agency, 23 other states have implemented similar programs, including Louisiana and New Mexico, and are now enjoying increased revenue and job growth.
Carol Pirie, deputy director of the commission, said "Glory Road" is just one example of filmmakers bypassing Texas in favor of states offering financial incentives to filmmakers. The agency estimates Texas lost 29 films as a result of lacking competitive incentives, funneling $313 million and 4,500 jobs to other states.
"A lot of those films that have gone to Louisiana and New Mexico are there using people that live in Austin, it doesn't make any sense," said Paul Stekler, UT professor of radio-television-film. "So they want to be here, and [the bill] helps them be here."
To qualify for a grant, the production company must spend a minimum of $1 million in-state for a film or television project, or $100,000 for commercials or video games. The bill requires that at least 70 percent of the crew, actors and extras be Texas residents and that 80 percent of the film be shot in Texas.
"This is really putting the money in the pockets of the Texas film industry because you're not going to get the money unless you hire Texas people," said Tom Copeland, former director of the Texas Film Commission. "Other states like Louisiana and New Mexico are kind of trying to butt their way into the business, but the business has been here for a long, long time."
The program offers grants equal to 5 percent of the production company's in-state spending. The bill allows maximum grants of $2 million for feature films, $2.5 million for television programs, $200,000 for commercials and $250,000 for video games.
HB 1634 supporters, including actor Dennis Quaid, who spoke at the bill signing ceremony Thursday, said the bill will benefit many areas of the economy, not just the entertainment industry.
Rebecca Campbell, executive director of the Austin Film Society, said the bill does not overlook the independent filmmaking community in its desire to draw big-budget productions to Texas.
"Central Texas is just full of independent filmmakers, and so it's going to be good for people who want to work and stay here," Campbell said.
The bill also authorizes the collection and preservation of Texas' film heritage. Caroline Frick, incoming RTF faculty member and founder of the Texas Archive of the Moving Image, said Texas is the first state in the country to include film preservation as a component of a film incentives program.
Critics of the bill expressed First Amendment concerns over sections granting the Texas Music, Film, Television and Multimedia Office the authority to deny grants based upon "inappropriate content or content that portrays Texas or Texans in a negative fashion."
The bill requires the office to consider "general standards of decency and respect for the diverse beliefs and values of the citizens of Texas" when considering grant applications.
The bill also requires submission of a final script to determine if changes occurred during production would conflict with these standards. At the ceremony, Gov. Perry said questions over the constitutionality were inappropriate and premature.
"What we're trying to do here is pretty straight forward. It's trying to get the film industry to come and reinvest, and invest in a big way, in the state of Texas," Perry said. "And if the first thing that happens is we start seeing some type of censorship, then it's not going to happen."
Campbell said ineligibility for an incentive grant does not bar filmmakers from shooting in Texas.
"If there is a free speech issue, it will get challenged and it will get worked out," she said. "I think the most important thing was to get the law passed and funded, and it's going to make a difference."
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