LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session March 30, 1999 TO: Honorable Bill Carter, Chair, House Committee on Urban Affairs FROM: John Keel, Director, Legislative Budget Board IN RE: HB 3705 by Van de Putte (Relating to the creation of an advanced transportation district and authorizing the imposition of a local sales and use tax for advanced transportation and local development.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3705, As Introduced: positive impact of $0 through the biennium * * ending August 31, 2001. * * * * No significant fiscal implication to the State is anticipated. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2000 $0 * * 2001 0 * * 2002 0 * * 2003 0 * * 2004 0 * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Savings/(Cost) Revenue Revenue Revenue * * from Transit Gain/(Loss) Gain/(Loss) Gain/(Loss) * * Authorities from VIA from All VIA from Balcones * * Metropolitan Cities and Heights Crime * * Transit Bexar Control District * * County--Local * * Development * * 2000 $(515,265) $4,973,512 $4,973,512 $(109,278) * * 2001 0 29,841,069 29,841,069 (655,785) * * 2002 0 29,841,069 29,841,069 (655,785) * * 2003 0 29,841,069 29,841,069 (655,785) * * 2004 0 29,841,069 29,841,069 (655,785) * *************************************************************************** *************************************************************************** *Fiscal Probable Revenue Gain/(Loss) Probable Revenue Gain/(Loss) * * Year from Comal County from Guadalupe County * * 2000 $(6,724) $(6,724) * * 2001 (40,346) (40,346) * * 2002 (40,346) (40,346) * * 2003 (40,346) (40,346) * * 2004 (40,346) (40,346) * *************************************************************************** Technology Impact None. Fiscal Analysis The bill would allow the board of the VIA Metropolitan Transit (VIA) authority to order an election to create an advanced transportation district within the authority's boundaries and to impose a sales and use tax at the rate of 0.25 percent until January 1, 2011 at which time the rate would increase to 0.5 percent. The bill also would allow the board to order an election to authorize an additional 0.25 percent sales and use tax for local development, which would expire on January 1, 2011. The authority would pay for the cost of an election. If the majority of voters in the City of San Antonio would vote in favor of the proposition to create a district, the district would be created. If the majority of voters in any other municipality or unincorporated area within the authority would vote in favor of the proposition, the district would also include the territory of those entities favoring the creation of the district. The authority would be required to provide at least 120 days notice of the intention to call an election to create a district to the governing bodies of each of the member municipalities and to Bexar County. If the majority of voters in the district would authorize the local development sales and use tax, the tax would be effective throughout the district, and the proceeds of the local development tax collected in a participating unit would be distributed to the governing body of that unit. The authority would be required to provide notice of the intention to call such an election at least 240 days prior to the election. In cases where the imposition of additional local sales and use tax by the district would result in a total local sales tax of more than 2 percent, the election of a participating unit to join the district would repeal all local sales and use taxes imposed by or within the unit, except for the authority's sales and use tax and a municipal sales and use tax of up to 1 percent. Methodology This analysis assumes that the board VIA Metropolitan Transit would call an election both to create an advanced transportation district and to impose the local development sales and use tax during fiscal year 2000, and that the Comptroller of Public Accounts would receive a copy of the order canvassing the election results prior to July 1, 2000. This analysis assumes that all entities in each authority would vote in favor of the creation of a district and the imposition of the local development tax. It is assumed that the sales and use taxes would thus take effect on July 1, 2000. Assuming a median cost of a local election of $.52 per capita, as determined by a recent survey of local governments, the cost of an election to create an advanced transportation district is estimated at $515,265 for VIA. This is based on a population of 990,895 in the incorporated areas of VIA. The Comptroller of Public Accounts' "Allocation Historical Summary" sales tax data for calendar year 1998 was used in this analysis. It is assumed that the 0.25 percent sales taxes of both the newly created advanced transportation district and the local development tax would each generate revenues equal to 50 percent of the amount of revenue the authority collected in calendar year 1998, since the authority's current sales and use tax rate is 0.5 percent. The estimated revenue losses to Comal and Guadalupe counties are based on the assumption that county taxes imposed within the City of Selma would be repealed upon creation of an advanced transportation district. Tax collections for the City of Selma were used to estimate county tax collections, and, for the purposes of this analysis, it is assumed that the city's sales tax collections are spilt evenly among the three counties in which Selma is located: Bexar, Comal and Guadalupe. Local Government Impact The newly created advanced transportation district would receive revenues of approximately $29.8 million per year to be used for advanced transportation purposes within the district. If the City of San Antonio would vote to create the district, but some of the other 15 municipalities or the unincorporated area of VIA would choose not to join the district, district revenue could be as much as 5 percent lower than presented in this estimate. All 16 of the cities belonging to the VIA Metropolitan Transit authority and Bexar County would be expected to receive local development revenues. It is estimated that these entities would share approximately $29.8 million per year. These revenues would be allocated according to district sales tax collection levels in each unit of local government belonging to the district. VIA estimates that the City of San Antonio would receive almost 95 percent of these revenues. Any entity choosing not to join the district would not receive local development revenues. If the board of the transit authority would not choose to order an election to impose the local development sales and use tax, none of the municipalities would receive the additional revenues provided in this estimate. Since the City of Balcones Heights Crime Control District imposes a sales and use tax of 0.5 percent, and since the total local sales tax rate in Balcones Heights is already at 2 percent, the crime control district would lose all of its sales tax revenues if the City of Balcones Heights would vote to join the advanced transportation district. This would result in an estimated loss to the district of approximately $655,000 per year. Local development revenues to the city could offset some of the loss to the crime control district. If voters in Balcones Heights would choose not to join the district, there would be no impact to the Balcones Heights Crime Control District or to the City of Balcones Heights. Since Guadalupe and Comal Counties each impose a 0.5 percent sales tax in the City of Selma, and since the total local sales and use tax rate within the city is already at the maximum 2 percent, if voters in Selma would vote to join the advanced transportation district, it is expected that the county sales and use tax would be repealed within the City of Selma. Consequently, each county could lose revenues estimated at approximately $40,000 per year. If the City of Selma would not join the district, there would be no fiscal impact to Guadalupe and Comal Counties. If the VIA Metropolitan Transit authority would not choose to order an election to create an advanced transportation district, no fiscal implications to the authority or to any municipality that belongs to the authority would be expected. Source Agencies: LBB Staff: JK, TL