LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          March 20, 1995



 TO:     Honorable John Whitmire, Chair         IN RE:  Senate Bill No. 402
         Committee on Criminal Justice                  By: Whitmire
         Senate
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
402 (relating to the application of the sales and use tax to
certain products sold to inmates) this office has determined the
following:

The bill would eliminate the sales tax exemption for food
products, meals, soft drinks, and candy sold to persons confined
to correctional facilities.  The bill would implement Gaining
Ground recommendation PSC 4.

Current law has been interpreted by the Attorney General and the
Comptroller to exempt these items when sold in correctional
facilities.  The bill would eliminate the exemptions for items
sold to inmates of public and privately-operated prisons and
other correctional institutions, including county jails.  The
bill would have no effect on patients of state licensed or
operated hospitals.

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          Gain to Local  
                  to General Revenue    Governments   
                        Fund 001                      
                                                      
                                                      
                                                      

         1996                  $688,000              $166,000

         1997                   833,000               201,000
         1998                   930,000               225,000

         1999                   962,000               233,000

         2000                   995,000               241,000



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


Source:   Comptroller of Public Accounts, Department of Criminal
Justice
          LBB Staff: JK, SM, RR