LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
May 6, 1995
TO: Honorable John T. Montford, Chair IN RE: Senate BillNo. 1658
Committee on Finance By: Gallegos
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on Senate Bill No.
1658 (Relating to tax credits for real property contributed to
institutions of higher education.) this office has determined the
following:
The bill allows a state university 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 by the Higher Education
Coordinating Board.
The bill allows a university to seek approval from the Higher
Education Coordinating Board to obtain the desired real estate.
The board could approve the acquisition if the real estate were
included in the university's master plan as a desired
acquisition, if the real estate were fairly priced, and if the
university otherwise lacked sufficient funds to purchase the
property.
Upon board approval, the comptroller would be required to grant
the property owner a franchise or sales tax credit. The credit
would be taken in equal increments over five years (20 percent of
the total credit per year) and could be carried over up to 10
years.
To the extent that real property previously taxed by local
jurisdictions becomes the property of a state institution of
higher learning and, thus, tax exempt; local property tax rolls
and tax payments would be reduced. The loss of local property
taxation would result in an adverse effect upon local educational
financing.
The revenue estimates reflect the minimum amount of expected cost
to the state. Actual revenue losses could be dramatically
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 Administrative
Year Loss to General Cost to the
Revenue Fund 001 Comptroller's
Office from
General Revenue
Fund 001
1996 $5,459,000 $83,322
1997 5,459,000
1998 5,459,000
1999 5,459,000
2000 5,459,000
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, Higher Education
Coordinating Board
LBB Staff: JK, CT, DF