It's pretty much a cinch now that Entertainment 7's movie Waco will not be shot in Texas.
It could never pass the Republican-inspired legislative clause that denies Texas state incentives to any kind of film, TV or game project that contains "inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the [Texas Film Commission] office, in a moving image project."
There wasn't much "positive fashion" for Texas or Texans in the 1993 shootout and standoff that left more than 80 Branch Davidians and law enforcement officers dead.
Louisiana appears to be the leading site candidate for Waco now, unless New Mexico or Michigan or some other state with strong incentives makes a concerted effort to grab the $30 million project.
Meanwhile, criticism of the Texas Film Commission's decision continues to float up in a few places. Here is one disappointed blogger's recent comments on the controversy.
Whether the producers of Waco formally applied for state incentives or not (as some of the producers' critics have stated), the controversial "negative fashion" clause remains in effect.
How long will it be before it rears up again and bites Texas' long-suffering moving-image workers on the butt? (Many of them, of course, were hoping to work on Waco.)
Many producers and production companies are now aware of the "negative fashion" restriction. They may not wish to run afoul of moralistic Texas legislators and a Texas Film Commission that has to follow the law and also rely on those same Chamber of Commerce-minded politicos for funding.
Almost any movie that can, or will ever, be made about Texas and Texans is going to come face to face with a plethora of "negative fashion" issues. And almost any other state in the nation is going to be more than happy to host a movie, TV show or game project that Texas officialdom doesn't want.
Texas' new moving-mage production incentives are helping bring some new projects to the state, and they are helping create some jobs. But the "negative fashion" restriction will end up costing the state a lot of money and a great deal of sorely needed good will in the moving-image industry.
Meanwhile, many Texas moving-image workers will continue commuting to Louisiana, Oklahoma, New Mexico and elsewhere to work on projects that could have come to the Lone Star State, if Texas was more concerned about making money than "protecting" its image (an utter impossibility since about 1835 or so).
The production incentives laws need to be changed by the Texas Legislature to remove the "negative fashion" restriction. Or, they need to be challenged in court on First Amendment grounds that they abridge "the freedom of speech."
Either way, they need to go -- soon.
-- Si Dunn
Si Dunn's second book of poetry, Anchoring, is now available through Lulu
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