LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 17, 1997
         
         
      TO: Honorable J.E. "Buster" Brown, Chair            IN RE:  Senate Bill No. 1586, Committee Report 1st House, Substituted
          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-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
impact of $0 to General Revenue Related Funds through the biennium 
ending August 31, 1999.
         

         
   Appropriations:
   
     The bill would appropriate the following amounts:
   
        Fiscal Year Appropriation out  
                    of Waste Tire                        
                    Recycling                            
                    Account/                             
                    GR-Dedicated                         
                    5001                                  
               1998       $19,443,451                  
               1999                 0                  
 
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 establish fees for 
the program, exempt "good used tires" from fees, and change 
the payment amount and definition of eligible program participants. 
 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" and amend provisions 
relating to the use of the fund.  It would eliminate dollar 
amount limitations for administrative costs for both the TNRCC 
and the Comptroller of Public Accounts, however the percentage 
of fee receipts  available to TNRCC for administration of the 
program would increase from six percent of annual appropriations 
to eight percent of annual collections.

The bill would appropriate 
any unexpended, unencumbered and unappropriated balances in 
the fund as of September 1, 1997.  The amounts, estimated by 
the TNRCC to be $19,443,451, would be used to make payments 
to scrap tire end users for shredded tire pieces or whole scrap 
tires from certain sites included in an inventory taken by the 
TNRCC on or after September 1, 1997.

The bill would take 
effect September 1, 1997.
 
Methodolgy
 
The bill provides that the TNRCC and Comptroller be allocated 
eight 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 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. 
 
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      (29,000,000)           204,154         (204,154)              32.5
 
 
Fiscal Year Probable           
            Savings/(Cost)                                                                                
            from Waste Tire                                                                               
            Recycling                                                                                     
            Account/                                                                                      
            GR-Dedicated                                                                                  
            5001                                                                                           
       1998                                                                                          
       1999                 0                                                                        
       2000                 0                                                                        
       2001                 0                                                                        
       2002                 0                                                                        
 
         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:   
                                         
                      LBB Staff:   JK ,BB ,MS