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