LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 9, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  Senate Bill No. 576, Committee Report 1st House, Substituted
          Committee on Finance                              By: Sibley/et al.
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB576 ( relating 
to the establishment of the Texas New Horizons Scholarship Trust 
Fund to exempt worthy high school graduates from tuition and 
fees at public institutions of higher education) this office 
has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB576-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
negative impact of $(4,000,000) 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 amend Subchapter D, Chapter 54 of the Education 
Code to establish the Texas New Horizons Scholarship Fund and 
would require the Texas Higher Education Coordinating Board 
to issue Texas New Horizons Scholarships to qualified high school 
graduates based on certain educational and economic criteria. 
 

The bill would create a new special fund, the New Horizons 
Scholarship Trust Fund, outside the treasury but in trust of 
the Comptroller.  Money in the fund could be spent without appropriation 
but only to fund the scholarship program.  Interest and income 
to the fund would be deposited in the fund.  The Coordinating 
Board would be authorized to accept gifts and grants from any 
public or private sources.

The bill would authorize the Coordinating 
Board to spend up to 2.5 percent of the deposits into the fund 
for administrative costs.

The bill would amend Section 74.3011 
of the Property Code.  This would direct local telephone exchange 
companies to deliver money to the Texas New Horizons Scholarship 
Trust Fund instead of voluntarily delivering money to a rural 
scholarship fund.  The local telephone companies would file 
with the Comptroller verification of the amount of money delivered.

A 
claim for money delivered to the trust fund would be filed with 
the local telephone exchange company and forwarded to the Coordinating 
Board.  The Coordinating Board would be authorized to pay the 
claim from the trust fund if determined valid.  A person aggrieved 
by the claim decision could file suit against the Coordinating 
Board in a district court in Travis County.

The bill would 
repeal Section 74.3012 of the Property Code, relating to delivery 
of money to urban scholarship funds.
 
Methodolgy
 
The trust fund would contain money from gifts and grants and 
general revenue if appropriated, and money that previously could 
have been deposited in a rural/urban scholarship fund to the 
credit of the General Revenue Fund 0001.  Under current law, 
deposits to rural/urban scholarship funds are capped at $800,000 
per year.  In 1996, telephone exchange companies deposited $800,000 
in these funds and the balance, approximately $2 million, to 
the credit of the General Revenue Fund.  The potential fiscal 
impact of this bill is based on the 1996 experience.
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      ($2,000,000)                                                                        
       1998       (2,000,000)                                                                        
       2000       (2,000,000)                                                                        
       2001       (2,000,000)                                                                        
       2002       (2,000,000)                                                                        
 
 
         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         ($2,000,000)
               1999          (2,000,000)
               2000          (2,000,000)
               2001          (2,000,000)
               2002          (2,000,000)
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   781   Higher Education Coordinating Board
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,RR ,LD