LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 24, 2017 TO: Honorable Dennis Bonnen, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB423 by Wray (relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB423, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2019.However, the bill will have a direct impact of a revenue loss to the Property Tax Relief Fund of ($2,160,000) for the 2020-21 biennium. Any loss to the Property Tax Relief Fund must be made up with an equal amount of General Revenue to fund the Foundation School Program. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 24, 2017 TO: Honorable Dennis Bonnen, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB423 by Wray (relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.), Committee Report 1st House, Substituted TO: Honorable Dennis Bonnen, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB423 by Wray (relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.), Committee Report 1st House, Substituted Honorable Dennis Bonnen, Chair, House Committee on Ways & Means Honorable Dennis Bonnen, Chair, House Committee on Ways & Means Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB423 by Wray (relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.), Committee Report 1st House, Substituted HB423 by Wray (relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB423, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2019.However, the bill will have a direct impact of a revenue loss to the Property Tax Relief Fund of ($2,160,000) for the 2020-21 biennium. Any loss to the Property Tax Relief Fund must be made up with an equal amount of General Revenue to fund the Foundation School Program. Estimated Two-year Net Impact to General Revenue Related Funds for HB423, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2019.However, the bill will have a direct impact of a revenue loss to the Property Tax Relief Fund of ($2,160,000) for the 2020-21 biennium. Any loss to the Property Tax Relief Fund must be made up with an equal amount of General Revenue to fund the Foundation School Program. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2018 $0 2019 $0 2020 $0 2021 $0 2022 $0 2018 $0 2019 $0 2020 $0 2021 $0 2022 $0 All Funds, Five-Year Impact: Fiscal Year Probable Revenue (Loss) fromProperty Tax Relief Fund304 2018 $0 2019 $0 2020 ($1,067,000) 2021 ($1,093,000) 2022 ($1,120,000) Fiscal Year Probable Revenue (Loss) fromProperty Tax Relief Fund304 2018 $0 2019 $0 2020 ($1,067,000) 2021 ($1,093,000) 2022 ($1,120,000) 2018 $0 2019 $0 2020 ($1,067,000) 2021 ($1,093,000) 2022 ($1,120,000) Fiscal Analysis The bill would amend Chapter 171 of the Tax Code, regarding the franchise tax, to add a provision for determining cost of goods sold for taxable entities that transport ready-mixed concrete. The added provision would allow such taxable entities to subtract as a cost of good sold distribution costs regardless of whether the taxable entities own the ready-mixed concrete. Current law in Section 171.1012(e)(3) excludes distribution costs from cost of goods sold. This bill would provide an exception to that provision for taxable entities that transport ready-mixed concrete. The bill would tax effect on January 1, 2020 and apply to reports due on or after that date. Methodology The estimated tax revenue loss is based on information from the Texas Aggregates & Concrete Association and on the Comptroller's franchise tax data bases. 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: UP, KK, SD UP, KK, SD