LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 21, 1997
         
         
      TO: Honorable James E. "Pete" Laney            IN RE:  House Bill No. 1445, As Passed 2nd House
          Speaker of the House                Gray
          House of Representatives
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB1445 ( Relating 
to the continuation and functions of the Texas Racing Commission 
and to the transfer of certain commission functions to the Texas 
Department of Commerce; providing penalties.) this office has 
detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB1445-As Passed 2nd House
         
Implementing the provisions of the bill would result in a net 
positive impact of $2,624,000 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.
         
 
Fiscal Analysis
 
House Bill 1445, 2nd House Substitute as passed, would continue 
the Texas Racing Commission through August 31, 2005 and make 
several changes to the enabling statute.  The Texas Racing Commission 
is subject to the provisions of the Texas Sunset Act, and unless 
continued by the 75th Legislature, would be abolished September 
1, 1997.  The sections of the bill with a fiscal impact are 
as follows:

A gain to General Revenue-Dedicated account 0597 
would result from the collection of additional track officials 
fees, increased occupational license fees and race day fees 
from the opening of Valley Greyhound Park, increased race day 
fees from cross-species simulcasting, and an increase in outstanding 
ticket revenue from the increase in pari-mutuel handle. Costs 
to General Revenue-Dedicated account 0597 would result from 
the addition of the track officials at the racetracks, the addition 
of an auditor and a programmer, the cost of criminal history 
checks, travel costs, and the costs of computer phone lines 
and hardware for cross-species simulcasting, and the re-opening 
of Valley Greyhound Park.

A gain to general revenue would 
include the increase in tax revenue from cross-species simulcasting, 
the temporary increase in the simulcast tax, the increase in 
revenue from automatic banking machines at the racetracks, and 
the increase to General Revenue-Dedicated account 099 through 
the fees to DPS for criminal history checks. The loss to general 
revenue includes the reduction of the pari-mutuel tax on live 
racing, and the repeal the .25 percent collected from simulcast 
pools (currently transferred to Texas Commission on Alcohol 
and Drug Abuse).

 
Methodolgy
 
Section 14 of the bill would require the Texas Racing Commission 
to employ all racetrack stewards and judges.  Currently, only 
one of the three top regulatory officials is employed by the 
agency.  The other two are employed by the racetrack associations. 
 This section would increase the number of FTE's by 11 in fiscal 
year 1998 and by 10 in years thereafter.  The addition of these 
FTE's would result in a cost of $794,402 in fiscal year 1997, 
and $764,452 in fiscal year 1999 and thereafter.  Since the 
agency has the authority to recoup the costs of employing track 
officials from the racetracks, these costs would be offset, 
for a net zero impact.   The costs that the agency would incur 
are due to the addition of cross-species simulcasting and the 
reopening of Valley Greyhound Park.  The agency would need to 
hire a programmer for the first two years to make necessary 
changes to the database system.  An additional auditor would 
also be needed to handle accounting for purse funds, the cross-species 
simulcasting funds, and Valley Greyhound Park.  Additionally, 
the cost of travel, data lines, and computer hardware would 
increase, as well as the cost of criminal history checks for 
occupational licensees.

Section 19 requires the agency to 
cover the costs of criminal history checks conducted by DPS, 
which incurs the costs.  The cost for each criminal history 
check is $15 per fingerprint card to DPS and $24 per card to 
the FBI, for a total cost of $39 for each new license application. 
 Every five years a federal criminal history check is required, 
at a cost of $24 per five year renewal.  Based on projected 
numbers of licensees, the amount the agency would collect is 
expected to approximate $229,392 in fiscal year 1998, and $231,432 
in each of fiscal years 1999 through 2002.  Currently, the DPS 
absorbs some of the cost, and bills the Texas Racing Commission 
for a portion.  The Texas Racing Commission does not currently 
pass that cost on to the licensee, thus the net impact to the 
state would be a gain to General Revenue-Dedicated account 0099.

The 
changes to the simulcasting tax structure from Section 27 include 
a temporary increase of .25 percent on regular simulcasting 
through the earlier of January 1, 1999 or the date on which 
the debt and accrued interest is repaid.  Based on agency calculations, 
the debt would not be paid off by January 1, 1999, so the additional 
simulcast tax is calculated through January 1, 1999.  The temporary 
tax would be applied to the agency's debt.  The .25 percent 
tax is expected to generate $909,457 of additional revenue to 
the general revenue fund in fiscal year 1998, and $300,832 in 
fiscal year 1999.  The Racing Commission projects that cross-species 
simulcasting would generate additional wagering of $99 million 
in fiscal year 1998, which would be taxed at 1.25 percent, and 
thus would create $1,237,500 in revenue to general revenue for 
fiscal year 1998.  The Racing Commission expects cross-species 
simulcasting to increase by 2 percent per year, and would generate 
tax revenue of $1,262,250 in 1999, $1,287,495 in 2000, $1,313,245 
in 2001, $1,339,510 in 2002, and $1,366,300 in 2003.   

Section 
28 alters the structure of the tax on live racing after January 
1, 1999.  The live tax would decrease by 1 percent for each 
$100 million wagered at horse tracks and by 2 percent for each 
$100 million wagered at greyhound tracks.  This section would 
result in a loss to general revenue beginning in fiscal year 
1999.  The amount of wagering on live racing is expected to 
decrease by 5 percent per year.  The Racing Commission estimates 
that the amount of the estimated loss is:  $1,819,724 in 1999, 
$2,674,994 in 2000, $2,541,244 in 2001, $2,414,182 in 2002, 
and $2,293,473 in 2003.  Section 28 also would redirect the 
funds currently allocated to the program for the prevention 
of problem gambling to be used to repay the agency's debt until 
that debt with interest thereon is repaid in full.  The funds 
are derived from .25 percent of all simulcast wagers.  The funds 
would be used to repay the debt until March 1999, which is when 
the agency estimates that the debt and interest would be repaid. 
 After March 1999, the .25 percent of simulcast wagers would 
not be collected by the state, and would result in a loss to 
the state of $267,744 in fiscal year 1999, and losses of $902,497 
in 2000, $920,547 in 2001, $938,958 in 2002, and $957,737 in 
2003.  

Section 39 of the bill provides for the allowance 
of automatic banking machines at racetracks, with $1 from each 
transaction going to the state's general revenue fund.  Assuming 
that 10 percent of all patrons would use an automatic banking 
machine, $356,746 would be earned in additional revenue each 
year.

Floor amendment number 3 clarifies that totalisator 
services are subject to state sales tax.  Although the taxes 
are currently paid under protest, they are not included in the 
revenue estimates.  The services are approximately .002 percent 
of total handle plus some rental fees, and at a tax rate of 
6.25 percent, would generate approximately $100,000 per year 
to the general revenue fund. 
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           Probable Revenue   Probable Revenue   Probable Revenue   Change in Number   
            Savings/(Cost)     Gain/(Loss) from   Gain/(Loss) from   Gain/(Loss) from   of State          
            from Texas         Texas Racing       General Revenue    Operators and      Employees from    
            Racing             Commission         Fund               Chauffeurs         FY 1997           
            Commission         Account/                              License Account/                     
            Account/           GR-Dedicated                          GR-Dedicated                         
            GR-Dedicated                                                                                  
            0597               0597               0001               0099                                  
       1998        ($957,474)        $1,522,652        $2,372,000          $229,392              13.0
       1998         (887,523)         1,502,601           252,000           231,432              12.0
       2000         (821,262)         1,512,699       (1,624,000)           231,432              12.0
       2001         (821,262)         1,522,999       (1,631,000)           231,432              12.0
       2002         (821,262)         1,533,505       (1,637,000)           231,432              12.0
 
 
         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           $2,372,000
               1999              252,000
               2000          (1,624,000)
               2001          (1,631,000)
               2002          (1,637,000)
 
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:   476   Racing Commission
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,JD ,JA