LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 23, 1995



 TO:     Honorable John T. Montford, Chair      IN RE:  Senate Bill No. 767
         Committee on Finance                           By: Montford
         Senate
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
767 (Relating to the allocation of certain sales and tax revenue
to the Texas cultural endowment fund.) this office has determined
the following:

The bill would require the deposit  of a portion of the state
sales tax to the Texas Cultural Endowment Fund outside the state
treasury.  The amount diverted from the treasury to the Texas
Cultural Endowment Fund would be equal to state sales tax
collections on cultural services and related tangible personal
property at a 1 percent tax rate.     

"Cultural services and related tangible personal property" is
defined as amusement services currently taxable under the state
sales tax and attributable to motion picture theaters; amusement
and recreation services; and art galleries, museums, and
botanical and zoological gardens.  The term includes tangible
personal property sold by these establishments as part of, or in
relation to, their amusement services. 

The diversion of state sales tax would continue until the fund
balance reached $200,000,000 or September 1, 2005, whichever
occurred first.

The bill would take effect on September 1, 1995.

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    Loss from  General    Gain to  the Texas
                   Revenue Fund 001     Cultural Endowment
                                       Fund - Outside the 
                                             Treasury     
                                                          
          1996            $20,181,000          $20,181,000
          1997             23,416,000           23,416,000
                                                          
          1998             24,933,000           24,933,000
                                                          
          1999             26,605,000           26,605,000
          2000             28,510,000           28,510,000
                                                          
                                                          
                                                          
       No fiscal implication to units of local government is
anticipated.


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