LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 25, 1995



 TO:     Honorable John T. Montford, Chair      IN RE: Committee Substitute
         Committee on Finance                                 for Senate
         Senate                                 Bill No. 345
         Austin, Texas









FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
345 (Relating to tax abatement, reinvestment zones, and the
refund of certain taxes by the comptroller to reimburse certain
taxes paid on property in a reinvestment zone.) 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 bill would amend Subchapter C, Chapter 111, Tax Code and
Chapter 312, Tax Code by requiring the Comptroller to issue a
partial refund of State taxes paid by a taxpayer when presented
with an application of refund.  The application would specify the
amount of school taxes paid on property abated by a county or a
municipality that would not have been paid if the school district
had abated the property under an agreement with terms identical
to those in the county or municipality's abatement agreement. 
The state would refund 80% of this amount subject to certain
conditions and limitations.

To be eligible for the partial refund the property owner must
have established a new business (or expanded or modernized an
existing business) and must have increased the business's payroll
by $3,000,000 or increased the appraised value of the business's
property by $10,000,000 since the date of the abatement
agreement.    




The partial refund would be limited to the net amount of state 
franchise and sales taxes paid into general revenue during the
calendar year or the total school property tax paid for that
year, whichever is less; and would be limited to 5 years or the
term of the abatement, whichever is less.

The bill would amend Chapter 312, Tax Code, by requiring an
abatement agreement to provide for criteria, specific agreed
terms and conditions, cancellation or modification if the terms
are not met, and an annual report from the property owner to the
taxing unit certifying that the terms were met.  The bill would
also require each taxing unit to provide the abatement criteria,
a copy of the abatement agreement and any amendments or
modifications to the Comptroller, and  the Texas Department of
Commerce.

The bill would repeal the section in Chapter 312, Tax Code, that
sunsets the Property Redevelopment and Tax Abatement Act. 

The Comptroller has estimated the impact of the provisions of
this bill as follows:




          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 Cost Out         Probable         Probable Loss to     Probable Loss to
           Year        of  General         Administrative          Counties              Cities
                     Revenue Fund 001       Cost Out of 
                                          General Revenue
                                              Fund 001

        1996                        $0                   $0           $22,350,000           $3,857,000
        1997                         0                6,240            27,451,000            4,737,000

        1998                23,066,000              212,384            31,966,000            5,516,000

        1999                48,733,000              177,884            34,371,000            5,931,000
        2000                54,107,000              177,884            34,795,000            6,004,000



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




Source:   Comptroller of Public Accounts
          LBB Staff: JK, BR, DF