LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 10, 1995



 TO:     Honorable Senator John T. Montford,    IN RE: Committee Substitute
         Chair                                  for
         Committee on Finance                                 Senate Bill
         Senate                                 No. 1658
         Austin, Texas                                  By: Gallegas









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:

This bill allows certain universities 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.  The bill's provisions would be
effective only for the University of
Houston (UH) and only for property transferred to UH before
August 31, 1996.

The bill allows UH to petition the Higher Education Coordinating
Board for approval to obtain the desired real estate.  The board
could approve the acquisition if the real estate was included in
UH's master plan as a desired acquisition, if the real estate
were fairly priced, and if UH did not have sufficient funds
available otherwise.

If the board approved the petition, the Comptroller would be
required to grant the property owner a franchise or sales tax
credit within 10 days of the approval.  The tax credit would
equal 50 percent of the fair market value of the property.  The
tax credit could be taken by the former property owners in equal
increments over twenty years (five percent of the total credit    




per year)
against their franchise tax or sales tax liability.

 The bill becomes effective September 1, 1995 and expires on
September 1, 1997.

This fiscal note is premised on the transfer of one property to
the University of Houston worth $13 million and is the minimum
estimate of revenue losses.  Actual losses might be 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       Probable     
             Year   Loss to   General    Administrative  
                     Revenue Fund 001     Cost to the    
                                         Comptroller's   
                                          Office from    
                                        General Revenue  
                                            Fund 001     
                                                         
          1995                      $0            $83,322
          1996                 325,000                  0
                                                         
          1997                 325,000                  0
                                                         
          1998                 325,000                  0
          1999                 325,000                  0
                                                         
          2000                 325,000                  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:   Comptroller of Public Accounts
          LBB Staff: JK, CT, DF