LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 17, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  House Bill No. 99, Committee Report 2nd House, as amended
          Committee on Finance                              By: Gray
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB99 ( relating 
to the funding and operation of certain emergency management 
and disaster relief programs) this office has detemined the 
following:
         
         Biennial Net Impact to General Revenue Funds by HB99-Committee Report 2nd House, as amended
         
Implementing the provisions of the bill would result in a net 
impact of $0 to General Revenue Related Funds through the biennium 
ending August 31, 1999.
         
The bill would make no appropriation but would provide the legal 
basis for an appropriation of funds to implement the provisions 
of the bill.

         
 
Fiscal Analysis
 
This bill would amend Chapter 418 of the Government Code to 
create the Disaster Management Fund (trust fund) as a trust 
fund in the Texas Treasury Safekeeping Trust Company.  The new 
trust fund would be used to provide money for emergency management 
and disaster relief programs when the costs of such exceeded 
the funds regularly appropriated to state and local agencies. 
 The definition of disaster would be expanded to include terrorist 
activity.
 
Methodolgy
 
The trust fund would consist of the revenues collected through 
an assessment for disaster relief imposed in addition to the 
assessment imposed on each electric public utility within the 
Public Utility Commission's jurisdiction and any additional 
money appropriated to the trust fund.

Money in the trust 
fund could only be used for emergency management and disaster 
relief programs.  In addition, pursuant to authorization by 
the Governor, 10 percent of the fund could be used for the payment 
of administrative expenses of the Division of Emergency Management 
within the Office of the Governor; 15 percent could be used 
for the payment of emergency management training expenses incurred 
by state agencies or political  subdivisions, and emergency 
management training expenses incurred in implementation of mutual 
aid assistance authorized under Section 418.109 of the Government 
Code; and 4 percent for expenses incurred in the implementation 
of statewide notification systems or services.  

In addition 
to the assessment imposed on each electric public utility within 
the Public Utility's jurisdiction under Section 1.351 and Title 
II of the Public Utility Regulatory Act of 1995, an annual assessment 
for disaster relief would be imposed. The additional assessment 
would be equal to one-thirtieth of one percent (0.00033 percent) 
of the gross receipts of the utility from rates charged to ultimate 
consumers within Texas.  The assessment imposed and any fees, 
penalties, and interest related to that assessment would be 
collected by the Comptroller and deposited to the credit of 
the Disaster Management Fund.

A regulatory authority would 
be required to allow for the adjustment of a public utility's 
or a municipally owned electric utility's rates to recover the 
assessment and any additional taxes and fees resulting from 
the assessment.  The recovery would be passed through to the 
consumer in the rates charged by the utility and could not be 
separately stated.  The rate adjustment would take effect on 
the date on which a tariff was filed with the regulatory authority. 
 

The assessment imposed under the bill would not apply to 
any investor-owned electric utility under a plan of reorganization 
that had been confirmed by a federal bankruptcy court if such 
utility were not allowed to adjust its rates to recover the 
assessment.

The assessment would be due on August 15 of each 
year.  A utility could make quarterly payments.   

The bill 
would allow the Governor to use fund revenues for administrative 
expenses, training expenses incurred by state agencies or political 
subdivisions, and certain implementation expenses.

This bill 
would take effect on September 1, 1997.  On September 1, 1997, 
the existing Disaster Contingency GR-Account 0453 would be abolished, 
and the Comptroller would be required to transfer any unencumbered 
balance in that account to the newly created Disaster Management 
Fund.  This bill would only apply to an assessment imposed on 
or after September 1, 1997.  

The fiscal impact was estimated 
based on 1/30 of 1 percent of FY 1995 gross receipts for electric 
public utilities. The current amendment refers only to an assessment 
in addition to the assessment imposed on electric public utilities. 
 It does not reference assessments on telecommunications utilities 
and interexchange carriers or municipally owned electric utilities. 


Since the bill would transfer any unencumbered balances 
in the existing Emergency Contingency Account 0453 to the newly 
created trust fund, there would be a one-time loss to the General 
Revenue Fund because the account that would be abolished is 
a dedicated account in the General Revenue Fund, while the newly-created 
fund would exist outside of the General Revenue Fund.  Since 
the unencumbered amount existing in the Disaster Contingency 
Account on September 1, 1997 would depend on agency spending 
and the legislative appropriation, it is not possible to predict 
the amount that would be transferred to the new fund on that 
date.  Pursuant to the 1998-1999 Biennial Revenue Estimate, 
the end-of-year balance in GR-Account 0453 is expected to be 
$1,304,000.  

It is estimated that the Department of Public 
Safety would add 22 positions to implement the statewide mutual 
aid responsibilities of the bill.  The fund would also be used 
to pay the administrative expenses of the Division of Emergency 
Management, expenses related to emergency management training 
for state agencies and political subdivisions, and expenses 
for implementation of statewide notification systems or services. 
 There could be temporary staffing requirements for the Department 
of Human Services related to provision of financial aid to individuals 
or families qualifying for disaster relief, but the fiscal impact 
would not be significant.

NOTE:  The wording on line 22 of 
page 8 could be subject to misinterpretation as to whether it 
refers to a public utility or to a public electric utility, 
thereby excluding telecommunications utilities from rate adjustment.

NOTE: 
 With an effective date of September 1, 1997, the first assessment 
due date after that date would be August 15, 1998.  However, 
under current law, one-half of the assessment due on August 
15, 1998 must be paid by August 15, 1997.  Because that date 
is before the effective date, it is assumed that the entire 
first-year assessment would not be paid until August 15, 1998. 
 
 
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable Revenue   Probable Revenue   Probable           Change in Number   
            Gain/(Loss) from   Gain/(Loss) from   Savings/(Cost)     of State                             
            Disaster           New - Disaster     from New -         Employees from                       
            Contingency        Management Fund    Disaster           FY 1997                              
            Account/                              Management Fund                                         
            GR-Dedicated                                                                                  
            0453               NEW-OTH            NEW-OTH                                                  
       1998      ($1,304,000)        $5,010,000        ($920,686)              22.0                  
       1998                 0         5,010,000         (734,627)              22.0                  
       2000                 0         5,010,000         (734,627)              22.0                  
       2001                 0         5,010,000         (776,549)              22.0                  
       2002                 0         5,010,000         (776,549)              22.0                  
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998                   $0
               1999                    0
               2000                    0
               2001                    0
               2002                    0
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         473   Public Utility Commission of Texas
                      LBB Staff:   JK ,RR ,MG