LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 4, 1997
         
         
      TO: Honorable Kim Brimer, Chair            IN RE:  House Bill No. 1104, Committee Report 1st House, as amended
          Committee on Business & Industry                              By: Solomons
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB1104 ( Relating 
to certain business organizations.) this office has detemined 
the following:
         
         Biennial Net Impact to General Revenue Funds by HB1104-Committee Report 1st House, as amended   FN Revision 1
         
Implementing the provisions of the bill would result in a net 
positive impact of $283,920 to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         

         
 
Fiscal Analysis
 
This bill would amend various portions of the Texas Business 
Corporation Act, the Texas Miscellaneous Corporation Laws Act, 
the Texas Limited Liability Company Act, the Texas Revised Limited 
Partnership Act, and the Texas Revised Partnership Act.  This 
bill would add the Business Combination Law as part of the Texas 
Business Corporation Act.

The bill would take effect September 
1, 1997 and would apply to all entities affected regardless 
of the date of formation or incorporation.
 
Methodolgy
 
The changes to the business organization statutes would provide 
for a business reorganization process to be known as a "conversion," 
in which a combination of two business entities occurs.  In 
addition, the bill would provide statutory recognition to shareholder 
agreements.  The bill also would provide for the electronic 
filing of documents with the Secretary of State.

The Secretary 
of State estimates that amendments to the Texas Revised Partnership 
Act would have a positive impact on general revenue from filing 
fees for qualification of foreign limited liability partnerships. 
 The Secretary of State projects that this revenue would be 
$136,500 in fiscal year 1998 and increasing amounts in subsequent 
years.
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          $136,500                                                                        
       1998           147,420                                                                        
       2000           159,213                                                                        
       2001           171,950                                                                        
       2002           185,706                                                                        
 
 
         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             $136,500
               1999              147,420
               2000              159,213
               2001              171,950
               2002              185,706
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   307   Secretary of State
                                         304   Comptroller of Public Accounts
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,TH