LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 7, 2017 TO: Honorable Dennis Bonnen, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB778 by Ashby (Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB778, As Introduced: a negative impact of ($4,053,000) through the biennium ending August 31, 2019. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 7, 2017 TO: Honorable Dennis Bonnen, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB778 by Ashby (Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.), As Introduced TO: Honorable Dennis Bonnen, Chair, House Committee on Ways & Means FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB778 by Ashby (Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.), As Introduced 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 HB778 by Ashby (Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.), As Introduced HB778 by Ashby (Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB778, As Introduced: a negative impact of ($4,053,000) through the biennium ending August 31, 2019. Estimated Two-year Net Impact to General Revenue Related Funds for HB778, As Introduced: a negative impact of ($4,053,000) through the biennium ending August 31, 2019. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2018 ($1,925,000) 2019 ($2,128,000) 2020 ($2,157,000) 2021 ($2,186,000) 2022 ($2,216,000) 2018 ($1,925,000) 2019 ($2,128,000) 2020 ($2,157,000) 2021 ($2,186,000) 2022 ($2,216,000) All Funds, Five-Year Impact: Fiscal Year Probable Revenue (Loss) fromAvailable School Fund2 Probable Revenue (Loss) fromState Highway Fund6 2018 ($1,925,000) ($5,776,000) 2019 ($2,128,000) ($6,384,000) 2020 ($2,157,000) ($6,471,000) 2021 ($2,186,000) ($6,559,000) 2022 ($2,216,000) ($6,648,000) Fiscal Year Probable Revenue (Loss) fromAvailable School Fund2 Probable Revenue (Loss) fromState Highway Fund6 2018 ($1,925,000) ($5,776,000) 2019 ($2,128,000) ($6,384,000) 2020 ($2,157,000) ($6,471,000) 2021 ($2,186,000) ($6,559,000) 2022 ($2,216,000) ($6,648,000) 2018 ($1,925,000) ($5,776,000) 2019 ($2,128,000) ($6,384,000) 2020 ($2,157,000) ($6,471,000) 2021 ($2,186,000) ($6,559,000) 2022 ($2,216,000) ($6,648,000) Fiscal Analysis The bill would amend Chapter 162 of the Tax Code, regarding motor fuel taxes. The bill would add new Subsection 162.227(d-1) to allow a credit or refund of diesel fuel tax paid on diesel fuel used for auxiliary power units or power take-off equipment on any motor vehicle. The bill would take effect September 1, 2017. Methodology The bill would reinstate the auxiliary power unit and power take-off deduction, previously allowed under former Chapter 153, Texas Tax Code. The bill would allow a diesel fuel tax license holder to take a credit, and permit a person who does not hold a diesel fuel tax license to file a refund claim, for the amount of diesel fuel tax paid on diesel fuel used by an auxiliary power unit or power take-off equipment on any motor vehicle. An allowance was made for the additional amount of diesel fuel tax given as a credit or refunded under the provisions of this bill. The estimate for fiscal 2018 was adjusted for the statutory lag in motor fuel tax remittances. The change in revenues was then subjected to the statutory allocation of diesel fuel taxes. 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