LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                        February 28, 1995



 TO:     Honorable Tom Craddick, Chair          IN RE:  House Bill No. 462
         Committee on Ways & Means                      By: Alvarado,
         House of Representatives               Raymond
         Austin, Texas








FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
462 (Relating to the application of the sales and use tax to food
products sold to prison inmates.; Relating to the application of
the sales and use tax to food products sold to prison inmates.)
this office has determined the following:

This bill would eliminate the sales tax exemption for food
products, meals, soft drinks, and candy sold to inmates of public
and privately-operated prisons and other correctional
institutions, including county jails.  This bill would have no
effect on the patients of state licensed or operated hospitals,
who are also currently exempt.

Using fiscal 1992 sales and use tax reports prepared by the Texas
Department of Criminal Justice (TDCJ), the annual sales volume of
items affected by this bill was estimated to be $59.82 per
inmate.  This figure was multiplied by the projected number of
TDCJ and county jail inmates for the five-year period, 1996-2000. 
Additionally, the gains for fiscal 1996 were adjusted downward to
adjust for the proposed October 1, 1995 effective date.

The probable fiscal implication of implementing the provisions of
the bill during each of the first  five years following passage
is estimated as follows:
         




          Fiscal  Probable Revenue    Probable Revenue 
          Year       Gain to the       Gain to Local   
                   General Revenue      Governments    
                      Fund 001                         
                                                       
          1996              $688,000           $166,000
          1997               833,000            201,000
                                                       
          1998               930,000            225,000
                                                       
          1999               962,000            233,000
          2000               995,000            241,000
                                                       
                                                       
                                                       

       Similar annual fiscal implications would continue as long as the 
provisions of the bill are in effect.


Source:   Comptroller of Public Accounts, Department of Criminal
Justice
          LBB Staff: JK, SM, DF