LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 20, 1995



 TO:     Honorable Warren Chisum, Chair         IN RE:  Senate BillNo. 178,
         Committee on Environmental Regulation                 as engrossed
         House of Representatives                       By: Whitmire
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
178 (relating to delay of the vehicle emissions inspection and
maintenance program) this office has determined the following:

The bill would suspend implementation of the state's motor
vehicle emission inspection and maintenance (I/M) program until
January 2, 1997.

The I/M program is intended to help achieve required emission
reductions in the state's four nonattainment areas pursuant to
the federal Clean Air Act and Section 382.037, Texas Health and
Safety Code. Consequently, suspension of the I/M program could
result in the state's failure to comply with requirements of the
federal Clean Air Act (FCAA) . Failure to meet FCAA requirements
could result in federal sanctions and  federal funding losses.

Suspension of the I/M program will eliminate fee revenues
appropriated to the Texas Natural Resource Conservation
Commission (TNRCC) for program implementation for fiscal year
1996 and the first four months of fiscal year 1997.  TNRCC would
also experience a reduction in cost associated with delayed
implementation of the program.

Suspension of the I/M program will result in some cost savings to
the Texas Department of Transportation (TDOT) for fiscal year
1996. However, these savings will be partially offset by program
reactivation costs beginning in  fiscal year 1996 and continuing
into fiscal year 1997.    




Local governments in nonattainment areas could realize some 
losses in revenue from sales tax, property tax and enforcement
penalties on noncompliant vehicles due to suspension of the I/M
program. These losses could be mitigated by savings due to the
deferral of inspection costs of government-owned vehicles. If
federal sanctions are imposed due to the state's failure to meet
FCAA requirements, the loss of local transportation funds to
local governments could be significant and would exceed any
savings.

Suspension of the I/M program could result in claims against the
state for damages and other compensation by I/M program
contractors.  The potential cost liability to the state cannot be
determined.










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 Savings   Probable Cost Out 
             Year   Loss from  Clean    to  Clean Air     of  State Highway 
                    Air Account 151      Account 151          Fund 006      
                                                                            
                                                                            
          1996             $8,254,152         $7,556,655             $52,052
          1997              2,723,870          2,493,696              21,072
                                                                            
          1998                      0                  0                   0
                                                                            
          1999                      0                  0                   0
          2000                      0                  0                   0
                                                                            
                                                                            
                                                                            
            Fiscal  Probable Savings       Change in   
             Year   to  State Highway   Number of State
                        Fund 006        Employees from 
                                            FY 1995    
                                                       
          1996                $168,000           (56.5)
          1997                       0           (18.0)
                                                       
          1998                       0               .0
                                                       
          1999                       0               .0
          2000                       0               .0
                                                       
                                                       
                                                       
       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:   Department of Public Safety, Natural Resource
Conservation Commission,
                         Department of Transportation
          LBB Staff: JK, JB, DF