LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 24, 1997 TO: Honorable Ron Wilson, Chair IN RE: Senate Bill No. 432, As Engrossed Committee on Licensing & Administrative Procedures By: Lucio House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB432 ( relating to the regulation and operation of bingo.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB432-As Engrossed Implementing the provisions of the bill would result in a net negative impact of $(569,676) 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 as engrossed would amend the Bingo Enabling Act to transfer regulation of charitable bingo from the Texas Lottery Commission (TLC) to the Texas Department of Licensing and Regulation (defined in the bill as "commission"). All TLC powers relating to bingo regulation would be transferred to the commission. The commission would assume TLC liabilities, obligations, agreements, and contracts relating to the regulation of bingo. TLC would transfer all records and other property used in the regulation of bingo to the commission. Any unexpended and unobligated appropriation relating to bingo regulation would lapse from TLC to the commission. The bill would take effect September 1, 1997 and would apply to games played, sessions conducted, and prizes awarded on or after that date. Licensees would submit fee and tax payments under commission rules. The bill would allow the advertising of bingo sessions by bingo licensees of the commission. Licensed operators could conduct a charitable raffle under the Charitable Raffle Enabling Act at a bingo session. Licensed operators could award a door prize, provided that the value of the door prize was no greater than $250. The commission would prohibit, by rule, the playing of bingo by a uniform product code bar coding device or symbol. The bill would increase the percentage of persons who could use a card minding device to 40 percent from 30 percent. The rent that a licensed commercial lessor could charge per bingo session would be reduced to $450 from $600. A licensed commercial lessor could not charge more than $450 per day where a licensed operator subleases the premises to other licensed operators. The bill would dedicate 30 percent of the net proceeds of an authorized organization from a special event bingo occasion to a reading and literacy program in that county. Methodolgy The Comptroller of Public Accounts estimates the bill would have no significant fiscal effect on the state's revenue or cash flow. However, the TLC estimates six additional staff positions would be necessary to ensure full compliance with the requirment that charities transfer thirty percent of net proceeds from a special event bingo occasion to reading and literacy programs in the county where the licensed authorized organization conducts bingo. This estimate includes three auditors at an annual salary of $31,656 each, two accounts examiners at an annual salary of $29,628 each and one licensing examiner at an annual salary of $29,628. Costs for equipment associated with the new personnel would total an additional $30,000. 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 Change in Number Savings/(Cost) of State from General Employees from Revenue Fund FY 1997 0001 1998 ($299,838) 6.0 1998 (269,838) 6.0 2000 (269,838) 6.0 2001 (269,838) 6.0 2002 (269,838) 6.0 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 ($299,838) 1999 (269,838) 2000 (269,838) 2001 (269,838) 2002 (269,838) Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. The fiscal implication of the bill to units of local government would be dependent upon the number of special bingo occasions that would be conducted within a given jurisdiction. Source: Agencies: 304 Comptroller of Public Accounts 362 Texas Lottery Commission LBB Staff: JK ,TH ,PH