LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 8, 1997
         
         
      TO: Honorable J.E. "Buster" Brown, Chair            IN RE:  Senate Bill No. 1586
          Committee on Natural Resources                              By: Brown
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB1586 ( Relating 
to the scrap tire recycling program; providing criminal and 
civil penalties; making an appropriation.) this office has detemined 
the following:
         
         Biennial Net Impact to General Revenue Funds by SB1586-As Introduced
         

Implementing the provisions of the bill would result in a 
net negative impact of $(0) 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 re-authorize the Waste Tire Recycling Program 
set to expire December 31, 1997 in its current form and would 
rename the program as the Scrap Tire Recycling program.  The 
new program would be extended until December 31, 2001.

Generally, 
the bill would restrict payments to program participants who 
have acceptable end uses for the scrap tire and certain related 
materials, increase enforcement authority of the Texas Natural 
Resource Conservation Commission (TNRCC) in administering the 
program, and establish and increase penalties for non-compliance.

If 
implemented, provisions of the bill would: exempt collection 
of fees on the sale of  "good used tires"; change the payment 
amount and definition of eligible program participants; allow 
the TNRCC to establish fees for the program within statutory 
limits; restructure the grant authorizations from the fund; 
allow the TNRCC to file a lien on property which been remediated 
at the Commission's expense; and, require registered program 
participants to notify the Commission of bankruptcy filings 
within established timeframes.  The bill would also prescribe 
penalty assessments for certain violations.

In addition, 
the bill would rename the dedicated fund as the "Scrap Tire 
Recycling Fund", eliminate dollar amount limitations for administrative 
costs for both the TNRCC and the Comptroller of Public Accounts, 
amend provisions relating to the use of the fund.

The bill 
would take effect September 1, 1997.
 
Methodolgy
 
The fiscal impact of this note reflects operation of the new 
program beginning January 1, 1998 and ending December 1, 2001. 
 Therefore, costs and revenues for fiscal years 1998 and 2002 
are prorated accordingly.  Revenue amounts included were taken 
from the estimate made by the TNRCC.  

The bill provides 
that the TNRCC and Comptroller be allocated six percent and 
two percent, respectively, of  annual revenue collections.  
Revenue and cost estimates for the TNRCC are reflected in the 
Scrap Tire Recycling Fund while amounts available to the Comptroller 
for administrative expenses are deposited to the credit of the 
General Revenue Fund.
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   Probable           Probable Revenue   Probable           Change in Number   
            Gain/(Loss) from   Savings/(Cost)     Gain/(Loss) from   Savings/(Cost)     of State          
            Waste Tire         from Waste Tire    General Revenue    from General       Employees from    
            Recycling          Recycling          Fund               Revenue Fund       FY 1997           
            Account/           Account/                                                                   
            GR-Dedicated       GR-Dedicated                                                               
            5001               5001               0001               0001                                  
       1998       $18,996,455     ($18,996,455)          $387,683        ($387,683)              24.5
       1998        29,000,000      (29,000,000)           591,837         (591,837)              32.5
       2000        29,000,000      (29,000,000)           591,837         (591,837)              32.5
       2001        29,000,000      (29,000,000)           591,837         (591,837)              32.5
       2002        10,003,545      (10,003,545)           204,154         (204,154)               8.5
 


 
         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                   $0
               1999                    0
               2000                    0
               2001                    0
               2002                    0
 
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:   304   Comptroller of Public Accounts
                                         582   Natural Resources Conservation Commission
                                         
                      LBB Staff:   JK ,BB ,MS