LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 19, 2011 TO: Honorable John Carona, Chair, Senate Committee on Business & Commerce FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1409 by Lucio (Relating to importation and shipment of alcoholic beverages for personal consumption.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1409, As Introduced: a positive impact of $3,039,718 through the biennium ending August 31, 2013. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 19, 2011 TO: Honorable John Carona, Chair, Senate Committee on Business & Commerce FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1409 by Lucio (Relating to importation and shipment of alcoholic beverages for personal consumption.), As Introduced TO: Honorable John Carona, Chair, Senate Committee on Business & Commerce FROM: John S O'Brien, Director, Legislative Budget Board IN RE: SB1409 by Lucio (Relating to importation and shipment of alcoholic beverages for personal consumption.), As Introduced Honorable John Carona, Chair, Senate Committee on Business & Commerce Honorable John Carona, Chair, Senate Committee on Business & Commerce John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board SB1409 by Lucio (Relating to importation and shipment of alcoholic beverages for personal consumption.), As Introduced SB1409 by Lucio (Relating to importation and shipment of alcoholic beverages for personal consumption.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1409, As Introduced: a positive impact of $3,039,718 through the biennium ending August 31, 2013. Estimated Two-year Net Impact to General Revenue Related Funds for SB1409, As Introduced: a positive impact of $3,039,718 through the biennium ending August 31, 2013. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2012 $1,513,484 2013 $1,526,234 2014 $1,526,234 2015 $1,526,234 2016 $1,526,234 2012 $1,513,484 2013 $1,526,234 2014 $1,526,234 2015 $1,526,234 2016 $1,526,234 All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1 Probable Savings/(Cost) fromGeneral Revenue Fund1 2012 $1,526,234 ($12,750) 2013 $1,526,234 2014 $1,526,234 2015 $1,526,234 2016 $1,526,234 Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1 Probable Savings/(Cost) fromGeneral Revenue Fund1 2012 $1,526,234 ($12,750) 2013 $1,526,234 2014 $1,526,234 2015 $1,526,234 2016 $1,526,234 2012 $1,526,234 ($12,750) 2013 $1,526,234 2014 $1,526,234 2015 $1,526,234 2016 $1,526,234 Fiscal Analysis The bill would amend the Alcoholic Beverage Code by eliminating the distinction between a Texas resident and a nonresident of Texas as to limits of importations of alcoholic beverages for personal use. It would also increase the administrative fee charged on a container from $.50 to $1.00. This act takes effect on September 1, 2011.The bill would amend Section 107.07 (a) and (e) of the Alcoholic Beverage Code. Subsection (a) eliminates the distinction between a Texas resident and a nonresident of Texas as to limits of importations of alcoholic beverages for personal use. This bill increases the quantity allowed for Texas residents from one quart of distilled spirits to 1 gallon of distilled spirits. Current law allows persons to import alcoholic beverages for personal use without a permit if they pay the excise tax and administrative fee due on the alcoholic beverage. The bill would increase the administrative fee from $.50 per container to $1.00 per container. An increase in importations is expected due to the limit increase and will result in an increase in annual revenue of approximately $1,526,234 per year. The Comptroller of Public Accounts anticipates an increase in annual revenue of approximately $800,000 per year, based on applying the new administrative fee to the amounts in the 2012-13 Biennial Revenue Estimate. Methodology The Texas Alcoholic Beverage Commission estimates that allowing Texas residents to import the same amount of distilled spirits as a nonresident of Texas while at the same time increasing the administrative fee to $1.00 will result in a 10% reduction in all containers excluding 750ml, 1 liter, and 1.75 liter size containers of distilled spirits of which a 25% increase in estimated. The cost to general revenue for FY2012 would be $9,000 for printing new pamphlets and $3,750 for new signs at Ports of Entry locations. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 458 Alcoholic Beverage Commission 304 Comptroller of Public Accounts, 458 Alcoholic Beverage Commission LBB Staff: JOB, AG, GG, DAR JOB, AG, GG, DAR