LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 28, 1995



 TO:     Honorable Tom Craddick, Chair          IN RE: Committee Substitute
         Committee on Ways & Means                              for House
         House of Representatives               Bill No. 3155
         Austin, Texas









FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
3155 (relating to tax credits for real property contributed to
institutions of higher education) this office has determined the
following:

This bill allows certain universities to acquire real estate,
which would otherwise not be acquired due to insufficient funding
sources, in exchange for a state sales or franchise tax credit
granted to the property owner.  The bill's provisions would be
effective only for the University of
Houston (UH) and only for property transferred to UH before
August 31, 1996.

The bill allows UH to petition the Higher Education Coordinating
Board for approval to obtain
the desired real estate.  The board could approve the acquisition
if the real estate was included
in UH's master plan as a desired acquisition, if the real estate
were fairly priced, and if UH
did not have sufficient funds available otherwise.

If the board approved the petition, the Comptroller would be
required to grant the property owner a franchise or sales tax
credit within 10 days of the approval.  The tax credit would
equal
50 percent of the fair market value of the property.  The tax
credit could be taken by the former    




property owners in equal increments over twenty years (five
percent of the total credit per year)
 against their franchise tax or sales tax liability.

The bill becomes effective September 1, 1995 and expires on
September 1, 1997.

This fiscal note is premised on the transfer of one property to
the University of Houston worth
$13 million and is the minimum estimate of revenue losses. 
Actual losses might be greater.

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     
             Year   Loss to General     Administrative  
                    Revenue Fund 001     Cost to the    
                                        Comptroller's   
                                       Office from of   
                                       General Revenue  
                                           Fund 001     
                                                        
          1995                                   $83,322
          1996                325,000                   
                                                        
          1997                325,000                   
                                                        
          1998                325,000                   
          1999                325,000                   
                                                        
          2000                325,000                   
                                                        
                                                        
                                                        
       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
          LBB Staff: JK, CT, DF