LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 5, 1997 TO: Honorable Tom Craddick, Chair IN RE: House Bill No. 3210, Committee Report 1st House, as amended Committee on Ways & Means By: Raymond House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB3210 ( Relating to assistance to certain volunteer fire departments and to the imposition of a tax to finance that assistance.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB3210-Committee Report 1st House, as amended No significant fiscal implication to the State is anticipated. FISCAL ANALYSIS The bill would amend Chapter 614 of the Government Code to create a rural volunteer fire department assistance program (program) administered by the Texas Forest Service at Texas A&M University. The program would assist rural volunteer fire departments in paying for equipment and training personnel. The bill would create a new, dedicated Rural Volunteer Fire Department Assistance Account (account) in the General Revenue Fund 0001. Annual administrative costs of the program would not exceed 7 percent of the prior fiscal year's fireworks tax revenues. The bill would amend Subtitle E, Title 2 of the Tax Code to create Chapter 161 to impose a state fireworks tax of two percent on the retail sale of fireworks. This tax would be in addition to the limited sales and use tax imposed under Chapter 151 of the Tax Code. However, if this additional tax would cause the overall sales tax rate to exceed 8.25 percent, the additional tax would not be collected. The proposed fireworks sales tax would not apply to a sale unless the limited sales and use tax also applied to the sale. The fireworks tax would be administered, imposed, collected, and enforced in the same manner as the limited sales and use tax governed by Chapter 151 of the Tax Code. Any change in the law related to the taxation of the sale of fireworks under Chapter 151 would apply to the fireworks tax. The fireworks tax would not apply to retail sales of toy cap guns; model rockets used to propel recoverable aero models; certain propelling charges; novelty noisemakers; emergency signaling devices; railway torpedoes; blank cartridges used for radio and film productions, athletic ceremonies, or industrial purposes; or pyrotechnic devices for use by the military. The Comptroller would allocate revenues from the fireworks sales tax to the new account. Penalties and interest would remain in the General Revenue Fund 0001. The director of the Texas Forest Service would prepare and submit an annual report on the activity, status, and effectiveness of the new account to the Lieutenant Governor, the Speaker of the House of Representatives, and the Comptroller before September 1 of each year. The director could not grant a request for assistance before September 1, 1998. The bill would take effect July 1, 1997 if it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect October 1, 1997. METHODOLOGY Since the bill specifies that the additional fireworks tax could not be collected in areas of the state where the additional tax could cause the overall sales tax rate to exceed 8.25 percent, this would effectively eliminate the tax in over half the counties in the state. Currently, 123 counties and parts of three additional counties have a county sales tax or special purpose district sales tax. This means that the tax could not be collected in any of these areas, because the overall sales tax rate would exceed 8.25 percent. For the same reason, the additional tax could not be collected in cities with a city sales tax or in the unincorporated portions of metropolitan counties covered by a transit authority. This would eliminate the additional tax in nearly all incorporated cities in the state, all unincorporated areas of Bexar and Nueces counties, and parts of the unincorporated areas of Williamson, Travis, and Harris counties. Thus, the additional tax could only be collected in certain areas of the state. The increase in revenue would depend on the volume of fireworks sales in those areas. LOCAL The fiscal impact on local governments would vary depending how many areas could impose the additional fireworks sales tax and the volume of fireworks sales in those areas. This would determine the amount of funds available to assist rural volunteer fire departments in paying for equipment and training personnel. Source: Agencies: 304 Comptroller of Public Accounts LBB Staff: JK ,RR ,SM