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