LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 13, 1997
         
         
      TO: Honorable Kenneth Armbrister, Chair            IN RE:  Senate Bill No. 665
          Committee on State Affairs                              By: Haywood
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB665 ( Relating 
to the sale and delivery of certain motor fuel; providing criminal 
and civil penalties.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB665-As Introduced
         
Implementing the provisions of the bill would result in a net 
negative impact of ($2,546,974) 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 transfer the responsibility for enforcement and 
administration of rules for the regulation of motor fuel which 
contains ethanol or methanol from the Comptroller to the Commissioner 
of Agriculture.  In addition, the Commissioner of Agriculture 
would be responsible for regulating and monitoring motor fuel 
octane levels.  Motor fuel dealers in the state would be responsible 
for maintaining documents relating to postings or certifications 
of automotive fuel ratings.   The bill would increase civil 
penalties for violations.  The bill would provide that fees 
currently authorized to be collected by the comptroller for 
testing, inspection, statement or record forms, sale of signs, 
or performance of other services could be imposed only as determined 
necessary by the Commissioner of Agriculture to administer the 
Act.  The bill would also provide that fees currently authorized 
to be collected by the comptroller on motor fuel distributors, 
wholesalers, or suppliers, without regard to whether the fuel 
is subject to regulation under the Act, could be imposed only 
as determined necessary by the Commissioner of Agriculture. 
  

Under current law, the comptroller can collect fees in 
total amounts not to exceed the lessor of the program's annual 
cost or the statutory cap of $500,000 per year.  The bill provides 
that the fees collected could only be used by the Comptroller 
in an amount not to exceed $25,000 annually, and by the Commissioner 
of Agriculture for administration and enforcement of the Act. 
The Commissioner of Agriculture would determine the costs necessary 
to administer and enforce the provisions of the Act.
 
Methodolgy
 
The Comptroller has had certain responsibility for enforcing 
and administering rules relating to motor fuels containing ethanol 
and methanol since 1989.  As the sale of this type of motor 
fuel has been minimal, the comptroller did not incur any significant 
costs to administer the program, and therefore, did not collect 
authorized fees.  The Department of Agriculture is currently 
responsible for inspecting and regulating the calibration of 
all motor fuel pumps in the state.  The Department of Agriculture 
estimates that implementing the provisions of the bill would 
cost $2,235,987 the first year and $1,310,987 each year thereafter. 
 In the first year, costs would include the purchase of octane 
level screening equipment estimated at $597,000, in addition 
to the annual cost of 22.5 FTE's, including 21.5 inspectors, 
and $425,600  for sample analysis costs.  

Because the current 
program has no significant costs and the new program's costs 
would exceed $500,000, this office assumes that fee revenue 
collected by the comptroller would increase by the maximum amount 
of $500,000.
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           Probable Revenue   
            Savings/(Cost)     Gain/(Loss) from                                                           
            from General       General Revenue                                                            
            Revenue Fund       Fund                                                                       
            0001               0001                                                                        
       1998      ($2,235,987)          $500,000                                                      
       1998       (1,310,987)           500,000                                                      
       2000       (1,310,987)           500,000                                                      
       2001       (1,310,987)           500,000                                                      
       2002       (1,310,987)           500,000                                                      
 
 
         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         ($1,735,987)
               1999            (810,987)
               2000            (810,987)
               2001            (810,987)
               2002            (810,987)
 
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:   551   Department of Agriculture
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,JD ,JH