LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 12, 2023 TO: Honorable Greg Bonnen, Chair, House Committee on Appropriations FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3345 by Bonnen (Relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund; authorizing an increase in the amount of a fee.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB3345, As Introduced : a negative impact of ($30,902,000) through the biennium ending August 31, 2025.In addition, the bill would authorize the Legislature to set the amount of the sexually oriented business fee in an amount greater than $5 in the General Appropriations Act. As a result, there could be an additional revenue gain to Account 5010 - Sexual Assault Program, subject to appropriation. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2024($15,041,000)2025($15,861,000)2026($16,746,000)2027($17,683,000)2028($18,589,000)All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain/(Loss) fromGeneral Revenue Fund1 Probable Revenue Gain/(Loss) fromSexual Assault Prog Acct50102024($15,041,000)$15,041,0002025($15,861,000)$15,861,0002026($16,746,000)$16,746,0002027($17,683,000)$17,683,0002028($18,589,000)$18,589,000 Fiscal AnalysisThe bill would amend sections of the Business and Commerce Code, Government Code, and Tax Code to: allow the Legislature, in the General Appropriations Act, to set the sexually oriented business fee in an amount greater than the current $5; redefine the contents of Account 5010 - Sexual Assault Program (account); and to allocate one percent of both mixed beverage gross receipts tax and mixed beverage sales tax collections to the account.Note: This legislation would do one or more of the following: create or recreate a dedicatedaccount in the General Revenue Fund, create or recreate a special or trust fund either in, with, oroutside the Treasury, or create a dedicated revenue source. The fund, account, or revenuededication included in this bill would be subject to funds consolidation review by the currentLegislature. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 12, 2023 TO: Honorable Greg Bonnen, Chair, House Committee on Appropriations FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3345 by Bonnen (Relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund; authorizing an increase in the amount of a fee.), As Introduced TO: Honorable Greg Bonnen, Chair, House Committee on Appropriations FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3345 by Bonnen (Relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund; authorizing an increase in the amount of a fee.), As Introduced Honorable Greg Bonnen, Chair, House Committee on Appropriations Honorable Greg Bonnen, Chair, House Committee on Appropriations Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board HB3345 by Bonnen (Relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund; authorizing an increase in the amount of a fee.), As Introduced HB3345 by Bonnen (Relating to the amount of the fee imposed on certain sexually oriented businesses that is allocated to the sexual assault program fund and the allocation of certain other revenue to that fund; authorizing an increase in the amount of a fee.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB3345, As Introduced : a negative impact of ($30,902,000) through the biennium ending August 31, 2025.In addition, the bill would authorize the Legislature to set the amount of the sexually oriented business fee in an amount greater than $5 in the General Appropriations Act. As a result, there could be an additional revenue gain to Account 5010 - Sexual Assault Program, subject to appropriation. Estimated Two-year Net Impact to General Revenue Related Funds for HB3345, As Introduced : a negative impact of ($30,902,000) through the biennium ending August 31, 2025.In addition, the bill would authorize the Legislature to set the amount of the sexually oriented business fee in an amount greater than $5 in the General Appropriations Act. As a result, there could be an additional revenue gain to Account 5010 - Sexual Assault Program, subject to appropriation. In addition, the bill would authorize the Legislature to set the amount of the sexually oriented business fee in an amount greater than $5 in the General Appropriations Act. As a result, there could be an additional revenue gain to Account 5010 - Sexual Assault Program, subject to appropriation. General Revenue-Related Funds, Five- Year Impact: 2024 ($15,041,000) 2025 ($15,861,000) 2026 ($16,746,000) 2027 ($17,683,000) 2028 ($18,589,000) All Funds, Five-Year Impact: 2024 ($15,041,000) $15,041,000 2025 ($15,861,000) $15,861,000 2026 ($16,746,000) $16,746,000 2027 ($17,683,000) $17,683,000 2028 ($18,589,000) $18,589,000 Fiscal Analysis The bill would amend sections of the Business and Commerce Code, Government Code, and Tax Code to: allow the Legislature, in the General Appropriations Act, to set the sexually oriented business fee in an amount greater than the current $5; redefine the contents of Account 5010 - Sexual Assault Program (account); and to allocate one percent of both mixed beverage gross receipts tax and mixed beverage sales tax collections to the account.Note: This legislation would do one or more of the following: create or recreate a dedicatedaccount in the General Revenue Fund, create or recreate a special or trust fund either in, with, oroutside the Treasury, or create a dedicated revenue source. The fund, account, or revenuededication included in this bill would be subject to funds consolidation review by the currentLegislature. Methodology This analysis is based on the 2024-25 Biennial Revenue Estimate. The fiscal impacts shown are for the bill's allocation of 1 percent of mixed beverage tax collections to the account, only. The potential revenue gain associated with provisions of the bill that would allow the Legislature to set the amount of the sexually oriented business fee in an amount greater than $5 in the General Appropriations Act is subject to appropriation and therefore cannot be determined. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: b > td > 304 Comptroller of Public Accounts 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, KK, BRI, SD JMc, KK, BRI, SD