LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 15, 1997
         
         
      TO: Honorable Kenneth Armbrister, Chair            IN RE:  House Joint Resolution
                                                                No. 31, As Engrossed
          Committee on State Affairs                              By: Patterson,L.P. "Pete"
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HJR31 ( Proposing 
a constitutional amendment permitting an encumbrance against 
homestead property for certain extensions of equity credit.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HJR31-As Engrossed
         
Implementing the provisions of the bill would result in a net 
positive impact of $324,500 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
 
 The proposed constitutional amendment would permit home equity 
lending.  The Office of the Consumer Credit Commissioner projects 
that additional examiners will be required to examine an increased 
number of licensed lenders at an increased cost per examination 
as a result of the added complexity of the type of examinations 
conducted.  Collected revenues would increase due to the licensure 
of more regulated lenders, and from fees collected as a result 
of charges assessed to lenders for examinations. 

 
Methodolgy
 
The Office of the Consumer Credit Commissioner's projected revenues 
of $1.3 million during the first year of implementation include 
increased licensing fees resulting from a projected increase 
in the number of lenders, as well as revenues generated from 
examinations.  The agency will charge a $150 surcharge per visit, 
plus $32 per hour of examination. 

The agency projects that 
the cost of the new division would include 20 additional full 
time equivalents (FTEs), including 5 examiners, 2 assistant 
examiners, 1 financial analyst, 2 attorneys, 1 consumer education 
specialist, and 9 administrative technicians.  Salaries are 
projected at $670,000 per year.  With additional travel and 
related operating costs, the total costs of operation and staffing 
is estimated at slightly under $1 million dollars per year. 
 

In fiscal year 1998, there  would also be the cost of publication 
for the constitutional amendment to be set before the voters.

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   Change in Number   
            Savings/(Cost)     Gain/(Loss) from   of State                                                
            from General       General Revenue    Employees from                                          
            Revenue Fund       Fund               FY 1997                                                 
            0001               0001                                                                        
       1998      ($1,068,000)        $1,176,000              20.0                                    
       1998         (942,000)         1,158,500              20.0                                    
       2000         (953,000)         1,151,000              20.0                                    
       2001         (973,000)         1,146,000              20.0                                    
       2002       (1,020,000)         1,196,000              20.0                                    
 
 
         Net Impact on General Revenue Related Funds:
 

 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998             $108,000
               1999              216,500
               2000              198,000
               2001              173,000
               2002              176,000
 
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:   304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,JD ,TH ,JA