LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 21, 1997
TO: Honorable Bill Ratliff, Chair IN RE: Senate Bill No. 893
Committee on Finance By: Moncrief
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB893 ( Relating
to certain convention center hotel facilities.) this office
has detemined the following:
Biennial Net Impact to General Revenue Funds by SB893-As Introduced
Implementing the provisions of the bill could result in a negative
fiscal impact to the State. The fiscal impact to the state
would vary depending on which cities or counties would choose
to develop convention center facilities under Section 4B of
the Development Corporation Act of 1979. The impact would depend
on the number and amount of local taxable property removed from
the local tax rolls due to being converted to public-use property,
but it is possible to provide a hypothetical example of such
an impact. In a hypothetical school district that qualifies
for both tier-one and tier-two state aid for public education,
it would cost the state one dollar for each dollar of local
school district property tax revenue loss due to the provisions
of the bill. In such a hypothetical school district in which,
for example, $100 million of taxable property would be converted
to public-use property, the probable cost to General Revenue-related
funds during each fiscal year that the property remained off
the local tax rolls would be $1.5 million, based on a tax rate
of $1.50 per $100 of valuation.
FISCAL ANALYSIS
The bill would lower the population bracket
in the municipal hotel tax law for certain hotel facilities
and for the pledging of hotel tax revenue for bonds. It would
include convention center facilities as a project for economic
development and lower the population bracket for a qualified
hotel project in an enterprise zone. The bill would take effect
immediately.
METHODOLOGY
Currently, the definition of convention
center facilities in the hotel tax law includes hotels within
1,000 feet of a convention center owned by a city with a population
of 1.5 million or more, and historic hotels within one mile
of a convention center owned by a city with a population of
1.5 million or more. Hotel tax revenue from these two types
of hotels may be pledged by a city of population 1.5 million
or more for the payment of bonds issued to acquire and construct
a convention center hotel or to acquire, remodel or rehabilitate
a historic hotel. A hotel owned by a city with a population
of 1.5 million or more is a qualified hotel project in an enterprise
zone. The Development Corporation Act of 1979 does not include
convention center facilities as an eligible project.
The
bill would lower the city population bracket to 440,000 or more
and include counties with a population of 440,000 or more in
the hotel tax law and would allow the hotels to be within the
same specified distance to a city-owned or county-owned convention
center. By lowering the population bracket, the City of Houston
would be joined by the cities of Dallas, San Antonio, El Paso,
Austin and Fort Worth. The city population bracket would also
be lowered to 440,000 for a qualified hotel project in an enterprise
zone.
The bill would also include convention center facilities
as an eligible project in Sec. 4B of the Development Corporation
Act of 1979. There are currently 190 4B city development corporations
within the state.
Under Sec. 4B, a qualified convention center
facility would be owned, used, and held for public purposes
by the city or county. While a facility was owned by the city
or county, it would not be subject to property taxation.
The
fiscal impact on the state and on local governments in reduced
property tax revenue would vary depending on which cities or
counties enacted the provisions of the bill and converted taxable
property to exempt "public-use property." Article 5190.6, Development
Corporation Act, Section 4B. (k) provides a property tax exemption
for all approved projects owned, used and held by an eligible
municipality or county. The exemption is based on a provision
that defines all such projects as "public-use property" which
is exempt from ad valorem taxes.
Section 403.302, Government
Code, requires the Comptroller to conduct a property value study
to determine the total taxable value for each school district.
Total taxable value is an element in the state's school funding
formula. Passage of the bill could cause a reduction in a school
district's taxable values reported to the Commissioner of Education
by the Comptroller.
When calculating state aid for public
education, the state must recognize the loss in local property
value due to exemptions granted to qualified organizations within
the school district. Depending on a school district's wealth
per student, this could result in an increased cost to state-funded
public education.
Similar annual fiscal implications would
continue as long as the provisions of the bill are in effect.
LOCAL
The fiscal impact on units of local government would
vary depending on which cities or counties would choose to finance
convention center facilities through the municipal hotel tax.
Source: Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK ,RR ,SM