LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 17, 2009 TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1403 by Villarreal (Relating to the repeal of state sales tax and franchise tax refunds for certain ad valorem tax payers.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1403, As Introduced: a positive impact of $8,736,000 through the biennium ending August 31, 2011. The bill will also have a direct impact of a revenue gain to the Property Tax Relief Fund of $1,264,000 for the 2010-11 biennium. Any gain to the Property Tax Relief Fund will free up General Revenue of the same amount. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 17, 2009 TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1403 by Villarreal (Relating to the repeal of state sales tax and franchise tax refunds for certain ad valorem tax payers.), As Introduced TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: HB1403 by Villarreal (Relating to the repeal of state sales tax and franchise tax refunds for certain ad valorem tax payers.), As Introduced Honorable Rene Oliveira, Chair, House Committee on Ways & Means Honorable Rene Oliveira, Chair, House Committee on Ways & Means John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board HB1403 by Villarreal (Relating to the repeal of state sales tax and franchise tax refunds for certain ad valorem tax payers.), As Introduced HB1403 by Villarreal (Relating to the repeal of state sales tax and franchise tax refunds for certain ad valorem tax payers.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1403, As Introduced: a positive impact of $8,736,000 through the biennium ending August 31, 2011. The bill will also have a direct impact of a revenue gain to the Property Tax Relief Fund of $1,264,000 for the 2010-11 biennium. Any gain to the Property Tax Relief Fund will free up General Revenue of the same amount. Estimated Two-year Net Impact to General Revenue Related Funds for HB1403, As Introduced: a positive impact of $8,736,000 through the biennium ending August 31, 2011. The bill will also have a direct impact of a revenue gain to the Property Tax Relief Fund of $1,264,000 for the 2010-11 biennium. Any gain to the Property Tax Relief Fund will free up General Revenue of the same amount. Estimated Two-year Net Impact to General Revenue Related Funds for HB1403, As Introduced: a positive impact of $8,736,000 through the biennium ending August 31, 2011. The bill will also have a direct impact of a revenue gain to the Property Tax Relief Fund of $1,264,000 for the 2010-11 biennium. Any gain to the Property Tax Relief Fund will free up General Revenue of the same amount. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2010 $0 2011 $8,736,000 2012 $8,736,000 2013 $8,736,000 2014 $8,736,000 2010 $0 2011 $8,736,000 2012 $8,736,000 2013 $8,736,000 2014 $8,736,000 All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain/(Loss) fromGeneral Revenue Fund1 Probable Revenue Gain/(Loss) fromProperty Tax Relief Fund304 2010 $0 $0 2011 $8,736,000 $1,264,000 2012 $8,736,000 $1,264,000 2013 $8,736,000 $1,264,000 2014 $8,736,000 $1,264,000 Fiscal Year Probable Revenue Gain/(Loss) fromGeneral Revenue Fund1 Probable Revenue Gain/(Loss) fromProperty Tax Relief Fund304 2010 $0 $0 2011 $8,736,000 $1,264,000 2012 $8,736,000 $1,264,000 2013 $8,736,000 $1,264,000 2014 $8,736,000 $1,264,000 2010 $0 $0 2011 $8,736,000 $1,264,000 2012 $8,736,000 $1,264,000 2013 $8,736,000 $1,264,000 2014 $8,736,000 $1,264,000 Fiscal Analysis The bill would repeal Subchapter F of Chapter 111 of the Tax Code, regarding tax refunds for certain ad valorem taxpayers in reinvestment zones. Subchapter F, proposed for repeal, currently provides a refund of sales and use and franchise tax payments made by certain persons who paid ad valorem taxes to a school district on property in a reinvestment zone that is subject to an abatement agreement with a city or county and is not subject to an abatement agreement or an agreement to limit the appraised value of property with the school district. To be eligible for the refund, the person and person's business must meet certain conditions. The total amount that can be refunded to all eligible persons is capped at $10 million in any year. The bill would take effect January 1, 2010. The bill would repeal Subchapter F of Chapter 111 of the Tax Code, regarding tax refunds for certain ad valorem taxpayers in reinvestment zones. Subchapter F, proposed for repeal, currently provides a refund of sales and use and franchise tax payments made by certain persons who paid ad valorem taxes to a school district on property in a reinvestment zone that is subject to an abatement agreement with a city or county and is not subject to an abatement agreement or an agreement to limit the appraised value of property with the school district. To be eligible for the refund, the person and person's business must meet certain conditions. The total amount that can be refunded to all eligible persons is capped at $10 million in any year. The bill would take effect January 1, 2010. Methodology The estimated fiscal impact from the proposed repeal is based on refunds that have been made under the provisions of Subchapter F. There is no estimated fiscal impact for 2010 since refunds paid in fiscal 2010 would be authorized before the effective date of the bill. The estimated fiscal impact from the proposed repeal is based on refunds that have been made under the provisions of Subchapter F. There is no estimated fiscal impact for 2010 since refunds paid in fiscal 2010 would be authorized before the effective date of the bill. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts 304 Comptroller of Public Accounts LBB Staff: JOB, MN, SD, SM JOB, MN, SD, SM