LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 15, 2009 TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3185 by Jackson, Jim (Relating to increasing the tax rates imposed on cigars to fund additional property tax relief.), As Introduced The bill will have a direct impact of a revenue gain to the Property Tax Relief Fund of $36,315,000 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 15, 2009 TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3185 by Jackson, Jim (Relating to increasing the tax rates imposed on cigars to fund additional property tax relief.), As Introduced TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: HB3185 by Jackson, Jim (Relating to increasing the tax rates imposed on cigars to fund additional property tax relief.), 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 HB3185 by Jackson, Jim (Relating to increasing the tax rates imposed on cigars to fund additional property tax relief.), As Introduced HB3185 by Jackson, Jim (Relating to increasing the tax rates imposed on cigars to fund additional property tax relief.), As Introduced The bill will have a direct impact of a revenue gain to the Property Tax Relief Fund of $36,315,000 for the 2010-11 biennium. Any gain to the Property Tax Relief Fund will free up General Revenue of the same amount. The bill will have a direct impact of a revenue gain to the Property Tax Relief Fund of $36,315,000 for the 2010-11 biennium. Any gain to the Property Tax Relief Fund will free up General Revenue of the same amount. The bill will have a direct impact of a revenue gain to the Property Tax Relief Fund of $36,315,000 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 $0 2012 $0 2013 $0 2014 $0 2010 $0 2011 $0 2012 $0 2013 $0 2014 $0 All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain/(Loss) fromProperty Tax Relief Fund304 2010 $16,903,000 2011 $19,412,000 2012 $19,805,000 2013 $20,202,000 2014 $20,602,000 Fiscal Year Probable Revenue Gain/(Loss) fromProperty Tax Relief Fund304 2010 $16,903,000 2011 $19,412,000 2012 $19,805,000 2013 $20,202,000 2014 $20,602,000 2010 $16,903,000 2011 $19,412,000 2012 $19,805,000 2013 $20,202,000 2014 $20,602,000 Fiscal Analysis The bill would amend Chapter 155 of the Tax Code, regarding the tax on cigars and other tobacco products. The bill would increase the tax on cigars weighing three pounds or less per 1,000 cigars to $70.50 per 1,000 cigars from the current rate of one cent per 10 cigars. The tax on cigars weighing more than three pounds per 1,000 cigars, selling at a factory list price of more than 3.3 cents each and containing a substantial amount of nontobacco ingredients would increase to $70.50 per 1,000 cigars from the current rate of $15 per 1,000 cigars. Under the provisions of the bill, the portion of taxes collected on the types of cigars affected by the bill above the taxes that would have been collected at the tax rates in effect prior to this bill's effective date would be allocated to the Property Tax Relief Fund 0304. The bill would take effect September 1, 2009. The bill would amend Chapter 155 of the Tax Code, regarding the tax on cigars and other tobacco products. The bill would increase the tax on cigars weighing three pounds or less per 1,000 cigars to $70.50 per 1,000 cigars from the current rate of one cent per 10 cigars. The tax on cigars weighing more than three pounds per 1,000 cigars, selling at a factory list price of more than 3.3 cents each and containing a substantial amount of nontobacco ingredients would increase to $70.50 per 1,000 cigars from the current rate of $15 per 1,000 cigars. Under the provisions of the bill, the portion of taxes collected on the types of cigars affected by the bill above the taxes that would have been collected at the tax rates in effect prior to this bill's effective date would be allocated to the Property Tax Relief Fund 0304. The bill would take effect September 1, 2009. Methodology The Comptroller of Public accounts based this estimate on historical data from the Comptroller's taxpayer files and forecasts from the Comptroller's 2010-11 Biennial Revenue Estimate. Estimated fiscal impacts were adjusted for potential consumption impacts, tax avoidance effects, and implementation lags. 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 JOB, MN, SD