LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 19, 2013 TO: Honorable Harvey Hilderbran, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB311 by Guillen (Relating to the exemption of rural transit districts from motor fuel taxes.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB311, As Introduced: a negative impact of ($535,000) through the biennium ending August 31, 2015, if the effective date of the bill is July 1, 2013; or a negative impact of ($494,000) through the biennium ending August 31, 2015, if the effective date of the bill is September 1, 2013. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 19, 2013 TO: Honorable Harvey Hilderbran, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB311 by Guillen (Relating to the exemption of rural transit districts from motor fuel taxes.), As Introduced TO: Honorable Harvey Hilderbran, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB311 by Guillen (Relating to the exemption of rural transit districts from motor fuel taxes.), As Introduced Honorable Harvey Hilderbran, Chair, House Committee on Ways & Means Honorable Harvey Hilderbran, Chair, House Committee on Ways & Means Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB311 by Guillen (Relating to the exemption of rural transit districts from motor fuel taxes.), As Introduced HB311 by Guillen (Relating to the exemption of rural transit districts from motor fuel taxes.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB311, As Introduced: a negative impact of ($535,000) through the biennium ending August 31, 2015, if the effective date of the bill is July 1, 2013; or a negative impact of ($494,000) through the biennium ending August 31, 2015, if the effective date of the bill is September 1, 2013. Estimated Two-year Net Impact to General Revenue Related Funds for HB311, As Introduced: a negative impact of ($535,000) through the biennium ending August 31, 2015, if the effective date of the bill is July 1, 2013; or a negative impact of ($494,000) through the biennium ending August 31, 2015, if the effective date of the bill is September 1, 2013. General Revenue-Related Funds, Six-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2013 ($20,000) 2014 ($251,000) 2015 ($264,000) 2016 ($279,000) 2017 ($296,000) 2018 ($313,000) 2013 ($20,000) 2014 ($251,000) 2015 ($264,000) 2016 ($279,000) 2017 ($296,000) 2018 ($313,000) General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2014 ($230,000) 2015 ($264,000) 2016 ($279,000) 2017 ($296,000) 2018 ($313,000) 2014 ($230,000) 2015 ($264,000) 2016 ($279,000) 2017 ($296,000) 2018 ($313,000) All Funds, Six-Year Impact: Fiscal Year Probable Revenue Gain/(Loss) fromAvailable School Fund2 Probable Savings/(Cost) fromState Highway Fund6 2013 ($20,000) ($60,000) 2014 ($251,000) ($752,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) The table above shows the fiscal implications assuming an effective date of July 1, 2013. The table below shows fiscal implications assuming an effective date of September 1, 2013. Fiscal Year Probable Revenue Gain/(Loss) fromAvailable School Fund2 Probable Revenue Gain/(Loss) fromState Highway Fund6 2014 ($230,000) ($689,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) Fiscal Analysis The bill would amend various sections of Chapter 162 of the Tax Code, regarding motor fuel taxes. The bill would exempt Rural Transit Districts (RTD) created under Chapter 458 of the Transportation Code from the motor fuel taxes imposed under Subchapters B (gasoline), C (diesel fuel), and D (liquefied gas). The bill would provide a tax exemption for all three of these motor fuels sold to a RTD using the fuels exclusively to provide public transportation. The bill would allow a licensed supplier or distributor to take a credit on a return if they paid tax on the purchase of gasoline or diesel fuel subsequently resold to an RTD without collecting the tax, and an RTD could file a refund claim with the Comptroller if they paid tax on a fuel purchase. The bill would take effect immediately upon enactment, assuming that it received the requisite two-thirds majority votes in both houses. Otherwise, it would take effect September 1, 2013. Methodology Under current law, gasoline and diesel fuel are each taxed at the rate of $0.20 per gallon, and liquefied gas is taxed at the rate of $0.15 per gallon. The bill would exempt RTDs from paying these taxes. This estimate is based on annual reports submitted to the Public Transportation Division of the Texas Department of Transportation by Texas RTDs for their annual operating expenditures, including motor fuels, from 2008 through 2012. Annual average prices for these fuels published by the U.S. Energy Information Administration were used to estimate the average gallonage of motor fuel used by Texas RTDs and applicable fuel tax rates were applied to estimate the potential annual revenue losses which were trended forward over the five-year projection period. The first year's revenue losses were adjusted to allow for the statutory lag in motor fuel tax remittances. Local Government Impact Rural Transit Districts could anticipate a revenue gain from the bill's provisions. Source Agencies:304 Comptroller of Public Accounts LBB Staff: UP, KK, SD, AG Fiscal Year Probable Revenue Gain/(Loss) fromAvailable School Fund2 Probable Savings/(Cost) fromState Highway Fund6 2013 ($20,000) ($60,000) 2014 ($251,000) ($752,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) 2013 ($20,000) ($60,000) 2014 ($251,000) ($752,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) The table above shows the fiscal implications assuming an effective date of July 1, 2013. The table below shows fiscal implications assuming an effective date of September 1, 2013. Fiscal Year Probable Revenue Gain/(Loss) fromAvailable School Fund2 Probable Revenue Gain/(Loss) fromState Highway Fund6 2014 ($230,000) ($689,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) Fiscal Analysis The bill would amend various sections of Chapter 162 of the Tax Code, regarding motor fuel taxes. The bill would exempt Rural Transit Districts (RTD) created under Chapter 458 of the Transportation Code from the motor fuel taxes imposed under Subchapters B (gasoline), C (diesel fuel), and D (liquefied gas). The bill would provide a tax exemption for all three of these motor fuels sold to a RTD using the fuels exclusively to provide public transportation. The bill would allow a licensed supplier or distributor to take a credit on a return if they paid tax on the purchase of gasoline or diesel fuel subsequently resold to an RTD without collecting the tax, and an RTD could file a refund claim with the Comptroller if they paid tax on a fuel purchase. The bill would take effect immediately upon enactment, assuming that it received the requisite two-thirds majority votes in both houses. Otherwise, it would take effect September 1, 2013. Methodology Under current law, gasoline and diesel fuel are each taxed at the rate of $0.20 per gallon, and liquefied gas is taxed at the rate of $0.15 per gallon. The bill would exempt RTDs from paying these taxes. This estimate is based on annual reports submitted to the Public Transportation Division of the Texas Department of Transportation by Texas RTDs for their annual operating expenditures, including motor fuels, from 2008 through 2012. Annual average prices for these fuels published by the U.S. Energy Information Administration were used to estimate the average gallonage of motor fuel used by Texas RTDs and applicable fuel tax rates were applied to estimate the potential annual revenue losses which were trended forward over the five-year projection period. The first year's revenue losses were adjusted to allow for the statutory lag in motor fuel tax remittances. Fiscal Year Probable Revenue Gain/(Loss) fromAvailable School Fund2 Probable Revenue Gain/(Loss) fromState Highway Fund6 2014 ($230,000) ($689,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) 2014 ($230,000) ($689,000) 2015 ($264,000) ($793,000) 2016 ($279,000) ($837,000) 2017 ($296,000) ($887,000) 2018 ($313,000) ($940,000) Fiscal Analysis The bill would amend various sections of Chapter 162 of the Tax Code, regarding motor fuel taxes. The bill would exempt Rural Transit Districts (RTD) created under Chapter 458 of the Transportation Code from the motor fuel taxes imposed under Subchapters B (gasoline), C (diesel fuel), and D (liquefied gas). The bill would provide a tax exemption for all three of these motor fuels sold to a RTD using the fuels exclusively to provide public transportation. The bill would allow a licensed supplier or distributor to take a credit on a return if they paid tax on the purchase of gasoline or diesel fuel subsequently resold to an RTD without collecting the tax, and an RTD could file a refund claim with the Comptroller if they paid tax on a fuel purchase. The bill would take effect immediately upon enactment, assuming that it received the requisite two-thirds majority votes in both houses. Otherwise, it would take effect September 1, 2013. Methodology Under current law, gasoline and diesel fuel are each taxed at the rate of $0.20 per gallon, and liquefied gas is taxed at the rate of $0.15 per gallon. The bill would exempt RTDs from paying these taxes. This estimate is based on annual reports submitted to the Public Transportation Division of the Texas Department of Transportation by Texas RTDs for their annual operating expenditures, including motor fuels, from 2008 through 2012. Annual average prices for these fuels published by the U.S. Energy Information Administration were used to estimate the average gallonage of motor fuel used by Texas RTDs and applicable fuel tax rates were applied to estimate the potential annual revenue losses which were trended forward over the five-year projection period. The first year's revenue losses were adjusted to allow for the statutory lag in motor fuel tax remittances. Local Government Impact Rural Transit Districts could anticipate a revenue gain from the bill's provisions. Source Agencies: 304 Comptroller of Public Accounts 304 Comptroller of Public Accounts LBB Staff: UP, KK, SD, AG UP, KK, SD, AG