LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 18, 1997 TO: Honorable Kenneth Armbrister, Chair IN RE: Senate Bill No. 337 Committee on State Affairs By: West, Royce Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB337 ( Relating to sanctions that may be imposed on the holder of an alcoholic beverage permit or license.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB337-As Introduced Implementing the provisions of the bill would result in a net negative impact of $(49,500) 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 bill would allow the Texas Alcoholic Beverage Commission to determine whether a permittee or licensee would have the opportunity to pay a civil penalty, or whether they would have their permit or license suspended. The bill would take effect on September 1, 1997. Methodolgy Under current law the Texas Alcoholic Beverage Commission must give the permittee or licensee the opportunity to pay a civil penalty rather than have their permit or license suspended. The bill would give the Texas Alcoholic Beverage Commission the authority to decide whether a permittee or licensee would pay a civil penalty or have their permit or license suspended . Currently, about 52 percent of permittees and licensees choose to pay civil penalties of about $1.6 million per year. Assuming the Texas Alcoholic Beverage Commission would suspend a permit or license only under extreme circumstances, the revenue from penalties would decrease an estimated two percent. Since the Texas Alcoholic Beverage Commission would have to adopt rules to implement the provision of the bill, the estimated decline in revenue from penalties is lower the fist year. 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 ($16,500) 1998 (33,000) 2000 (33,000) 2001 (33,000) 2002 (33,000) 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 ($16,500) 1999 (33,000) 2000 (33,000) 2001 (33,000) 2002 (33,000) Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. No significant fiscal implication to units of local government is anticipated. Source: Agencies: 458 Alcoholic Beverage Commission LBB Staff: JK ,JD ,RT