LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 10, 1995



 TO:     Honorable Ron Wilson, Chair            IN RE:  House Bill No. 1711
         Committee on Licensing &                       By: Brady, et al.
         Administrative Procedures
         House of Representatives
         Austin, Texas






FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
1711 (Relating to the county regulation of a sexually oriented
business and the sale, possession, and consumption of alcoholic
beverages on the premises of a sexually oriented business;
providing a penalty.) this office has determined the following:

The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.

This bill would amend the Alcoholic Beverage Code by establishing
a nudity exhibitor's permit with an annual state fee of $5,000. 
The bill would also establish certain regulations concerning the
application, renewal and issuance on a nudity exhibitor's permit.

By statute the total permit and license fee revenue collected by
the Alcoholic Beverage Commission must equal its legislative
appropriations for the regulation of the industry.  In addition
to collecting the revenue from permits and licenses fees as set
by law, the Commission is authorized to levy a surcharge on all
permits and licenses (with the rate set by Commission rule) to
ensure that revenue collected equals appropriations.  As a
result, any increased revenue due to the establishment of a
nudity exhibitor's permit would reduce the surcharge revenue by
an equal amount.  Since the there are no reliable estimates
concerning the number of establishments who would qualify and
apply for a nudity exhibitor's permit, the fiscal impact of this
bill cannot be determined.    




 The fiscal implication to  the State or units of local
government cannot be determined.


Source:   Alcoholic Beverage Commission
          LBB Staff: JK, RT, DF