LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 2, 1997 TO: Honorable Kim Brimer, Chair IN RE: House Bill No. 1633, Committee Report 1st House, Substituted Committee on Business & Industry By: Solomons House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB1633 ( Relating to the authority of a foreign limited liability partnership to transact business in this state.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB1633-Committee Report 1st House, Substituted 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. 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 This bill would amend the Texas Revised Partnership Act (TRPA) to provide for the registration of foreign limited liability partnerships. The foreign limited liability partnership would be required to maintain a registered agent and a registered office address in Texas for service of process. The bill would also provide civil penalties for noncompliance and require the foreign limited liability partnership to re-qualify each year in order to maintain its qualified status. Methodolgy The bill would require the Secretary of State to revise forms, instructions, and publications and make minor modifications to computer programs but would not require an increase in staffing. The bill would set the filing fee for a foreign limited liability partnership at $200 per partner residing in Texas or $750, whichever is greater. The Secretary of State estimates that approximately 182 foreign limited liability partnerships would qualify in Texas in fiscal year 1998, and that the average filing fee would be $750, resulting in a gain to general revenue of $136,500 in that year 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 LBB Staff: JK ,TH