LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 11, 1997
TO: Honorable David Sibley, Chair IN RE: Senate Bill No. 293
Committee on Economic Development By: Carona
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB293 ( Relating
to the authority of a municipality to create an industrial development
corporation and to levy a sales and use tax to carry out the
projects of the corporation.) this office has detemined the
following:
Biennial Net Impact to General Revenue Funds by SB293-As Introduced FN Revision 1
Implementing the provisions of the bill could result in negative
fiscal impacts under the various scenarios possible.
The bill would amend the Development Corporation Act of 1979.
Under current law, Section 4B defines an eligible city as a
city in a county with a population of more than 1,100,000, in
which there are more than 40 incorporated cities, and where,
in no area, does the combined state and local sales tax rate
exceed 7.75 percent. This definition of an eligible city is
due to expire on September 1, 1997. The bill would remove the
expiration date provision.
The bill would change the definition
of an eligible city by reducing the number of required incorporated
municipalities from 40 to 29.
Note: This bill would become
effective immediately upon enactment, assuming that it received
the requisite two-thirds majority votes in both houses of the
Legislature. Otherwise, it would become effective 90 days after
adjournment.
Methodology
This bill could apply to those
cities in four counties--Harris, Dallas, Bexar, and Tarrant--that
do not have a total combined state and local sales tax rate
exceeding 7.75 percent.
The fiscal impact on the state
and on local governments in reduced property tax revenue would
vary depending on which cities enacted the provisions of the
bill and converted taxable property to exempt "public-use property,"
as allowed under Section 4B.
Section 403.302, Government
Code, requires the Comptroller to conduct a property value study
to determine the total taxable value for each school district.
Total taxable value is an element in the state's school funding
formula. Passage of the bill could cause a reduction in a school
district's taxable values reported to the Commissioner of Education
by the Comptroller.
When calculating state aid for public
education, the state must recognize the loss in local property
value due to exemptions granted to qualified organizations within
the school district. Depending on a school district's wealth
per student, this could result in an increased cost to state-funded
public education.
The fiscal impact on the state would depend
on the number and amount of local taxable property removed from
the local tax rolls due to being converted to public-use property,
but it is possible to provide a hypothetical example of such
an impact. In a hypothetical school district that qualifies
for both tier-one and tier-two state aid for public education,
it would cost the state one dollar for each dollar of local
school district property tax revenue loss due to the provisions
of the bill. In such a hypothetical school district in which,
for example, $100 million of taxable property would be converted
to public-use property, the probable cost to General Revenue-related
funds during each fiscal year that the property remained off
the local tax rolls would be $1.5 million, based on a tax rate
of $1.50 per $100 of valuation.
Fiscal Impact
The fiscal
impact on the state and on local governments would vary depending
on which cities enacted taxes under the provisions of the bill.
The
fiscal impact on the state would likely be negative under many
scenarios possible under the bill.
The probable fiscal implications
of the bill would continue as long as the provisions of the
bill are in effect.
Source: Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK ,TH ,SM ,BR ,TL