LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
February 26, 1997
TO: Honorable Eddie Lucio, Jr., Chair IN RE: Senate Bill No. 436
Committee on Intergovernmental Relations By: Lucio
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB436 ( Relating
to the maintenance and preservation of public records filed
with a county clerk and the collection and application of certain
user fees.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB436-As Introduced
Implementing the provisions of the bill would result in a net
negative impact of $(1,481,371) 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 county clerks to set and collect a new
$10 records restoration and re-creation fee from any person
filing a document with the clerk. The fees are to be deposited
into a separate account and may be used only for the restoration,
re-creation and preservation of public records and archives.
Once the restoration project is complete, the clerk would be
required to stop collections of the fee and return any unspent
fees to the comptroller.
Methodolgy
This estimate assumes that the Comptroller's Office would be
required to pay the $10 Records Restoration and Re-creation
Fee each time the agency files documents with a county, and
is based on a projection of the number of liens, lien releases,
and abstracts of judgments that Comptroller would file in fiscal
year 1998, allowing for a five percent annual increase in the
number of filings.
The estimate assumes that all counties
would collect the fee. The estimated impact to local governments
was derived by estimating the amount of revenue that would
be generated in nine representative counties and calculating
the statewide impact to local governments based on that sample.
Estimates of potential revenue were provided by the Travis
County Clerk's Office and the State Library and Archives Commission.
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
Savings/(Cost)
from General
Revenue Fund
0001
1998 ($722,620)
1998 (758,751)
2000 (796,689)
2001 (836,523)
2002 (876,349)
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 ($722,620)
1999 (758,751)
2000 (796,689)
2001 (836,523)
2002 (876,349)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect and until restoration
projects are completed, after which county clerks would be required
to stop collecting the fee.
Assuming that all counties collect the fee, the bill would result
in increased revenue to county governments of $40 million to
$43 million in fiscal year 1998, and would be likely to continue
at approximately the same level for the first five years the
provisions of the bill are in effect.
Source: Agencies: 304 Comptroller of Public Accounts
306 Library and Archives Commission
302 Office of the Attorney General
307 Secretary of State
LBB Staff: JK ,TL ,JA