LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          March 28, 1995



 TO:     Honorable Ron Wilson, Chair            IN RE:  House Bill No. 2451
         Committee on Licensing &                       By: Brimer
         Administrative Procedures
         House of Representatives
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
2451 (Relating to the regulation of alcoholic beverages and
imposing a limit on the number of package store permits which may
be issued in a county.) 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.

The provisions of this bill that are the subject of this analysis
would amend the Alcoholic Beverage Code by;

*     Increasing the annual state fee for a package store permit
by $200.

*     Create a new package store permit.

*     Limiting the number of package store permits per county
under certain conditions.

*     Establishing a lottery for the issuance of new package
store permits.

 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, the increased package store permit fee revenue would
reduce the surcharge revenue by an equal amount.

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/(Loss) from     Gain/(Loss) from 
                  Increased fees to    Surcharge Decrease
                    General Revenue    to General Revenue
                       Fund 001             Fund 001     
                                                         
          1996               $425,000          ($425,000)
          1997                404,000           (404,000)
                                                         
          1998                371,000           (371,000)
                                                         
          1999                314,000           (314,000)
          2000                252,000           (252,000)
                                                         
                                                         
                                                         
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

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


Source:   Comptroller of Public Accounts, Alcoholic Beverage
Commission
          LBB Staff: JK, RT, DF