LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 10, 1997
TO: Honorable Tom Craddick, Chair IN RE: House Bill No. 846
Committee on Ways & Means By: King
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB846 ( Relating
to the exemption from ad valorem taxation of public property.)
this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB846-As Introduced
The fiscal impact to the state would depend on the number and
amount of local taxable property removed from the local tax
rolls due to being converted to public-use property. It is
possible to provide a hypothetical example of such an impact.
In a hypothetical school district that qualifies for both tier-one
and tier-two state aid for public education, it would cost the
state one dollar for each dollar of local school district property
tax revenue loss due to the provisions of the bill. In such
a hypothetical school district in which, for example, $100 million
of taxable property would be converted to public-use property,
the probable cost to General Revenue-related funds during each
fiscal year that the property remained off the local tax rolls
would be $1.5 million, based on a tax rate of $1.50 per $100
of valuation.
FISCAL ANALYSIS
The bill would amend Section 11.11 of the Tax
Code to provide that, for property tax purposes, property is
owned by the state or a political subdivision of the state if
it is subject to a lease-purchase agreement containing a provision
that legal title passes to the state or to a political subdivision
at the end of the lease term. Current law provides a property
tax exemption only for property owned by the state or a political
subdivision of the state and used for a public purpose.
The
bill would take effect January 1, 1998.
METHODOLOGY
Section
403.302, Government Code, requires the Comptroller to conduct
a property value study to determine the total taxable value
for each school district. Total taxable value is an element
in the state's school funding formula. Passage of the bill
could cause a reduction in a school district's taxable values
reported to the Commissioner of Education by the Comptroller.
When
calculating state aid for public education, the state must recognize
the loss in local property value due to exemptions granted to
qualified organizations within the school district. Depending
on a school district's wealth per student, this could result
in an increased cost to state-funded public education.
LOCAL
There would be an undetermined loss to local governments
that currently tax property under lease-purchase agreements,
depending on the incidence of these types of purchase arrangements.
Source: Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK ,RR ,BR