LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 27, 1997 TO: Honorable Ron Wilson, Chair IN RE: House Bill No. 281 Committee on Licensing & Administrative Procedures By: Nixon, Joe House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB281 ( Relating to the sale, consumption, and possession of alcoholic beverages at sexually oriented business.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB281-As Introduced Implementing the provisions of the bill would result in a net negative impact of $(3,655,854) to General Revenue Related Funds through the biennium ending August 31, 1999. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. The bill would take effect September 1, 1997. Fiscal Analysis The bill would amend the Alcoholic Beverage Code to prohibit the sale, possession, or consumption of an alcoholic beverage on the premises of a "sexually oriented" business. Methodolgy According to the Texas Alcoholic Beverage Commission, the number of businesses issued a mixed beverage permit that voluntarily define themselves as "sexually oriented" represent approximately 1.57 percent of all mixed beverage permit holders. Assuming no change in overall spending levels, a potential loss of at least $1.8 million would originate from the difference between the 14 percent tax rate on mixed beverages and the general state sales tax of 6.25 percent. 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 Gain/(Loss) from General Revenue Fund 0001 1998 ($1,827,927) 1998 (1,827,927) 2000 (1,827,927) 2001 (1,827,927) 2002 (1,827,927) 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 ($1,827,927) 1999 (1,827,927) 2000 (1,827,927) 2001 (1,827,927) 2002 (1,827,927) Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. No significant fiscal implication to units of local government is anticipated. Source: Agencies: 458 Alcoholic Beverage Commission 304 Comptroller of Public Accounts LBB Staff: JK ,TH ,RT