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