LEGISLATIVE BUDGET BOARD
			           Austin, Texas

		             FISCAL NOTE, 76th Regular Session

				      March 4, 1999

TO: Honorable Florence Shapiro, Chair, Senate Committee on State Affairs

FROM: John Keel, Director, Legislative Budget Board

IN RE: SB729 by Shapiro (Relating to reports and other business filings made with the
secretary of state; providing penalties.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for SB729, As
Introduced: positive impact of $3,283,272 through the biennium ending August 31, 2001.
The bill would make no appropriation but could provide the legal basis for an appropriation of
funds to implement the provisions of the bill.

General Revenue-Related Funds, Five-Year Impact:

Fiscal Year 				Probable Net Positive/(Negative)
					Impact to General Revenue Related
							Funds
2001							$3,283,272
2002							4,783,420
2003							4,783,420
2004							4,783,420
2005							4,783,420

All Funds, Five-Year Impact:

Fiscal Year 			Probable Savings/(Cost) from 		Probable Revenue Gain/(Loss) from
					General Revenue Fund 				General Revenue Fund
						0001 						0001
2001						$ (1,390,304)				$ 4,673,576
2002						(2,223,440)				7,006,860
2003						(2,223,440)				7,006,860
2004						(2,223,440)				7,006,860
2005						(2,223,440)				7,006,860

Fiscal Analysis
The bill would repeal a statute within the Tax Code which requires corporations subject to
the franchise tax to file an annual report upon paying the tax. The reports are currently
received by the Comptroller of Public Accounts and transferred to the Office of the Secretary of State.
In lieu of the current procedure, the bill would require corporations,
limited liability companies and professional corporations to file a similar annual report
with the Secretary of State. The reports would have to be filed no sooner than 60 days
before, and no later than 30 days after the corporation's anniversary of incorporation or a
foreign corporation's initial filing with the Secretary of State. The bill would thus
distribute the filing of the reports throughout the year, instead of the current process in
which reports are filed when the franchise taxes are due.

Under the bill, filing fees would be as follows:
$5 for filing the report electronically;
$15 for filing by any other means (hard copy or fax);
$5 per month or part of a month for a late fee, if filed within 120 days after the filing
deadline;
$25 late filing fee after the involuntary dissolution or revocation of the certificate of
authority for failure to file within 120 days after the filing deadline; and
$50 filing fee for reinstatement after dissolution or revocation of the certificate of
authority.

The fees would be used by the Secretary of State to defray the cost of administering the
filing requirements.

Methodology

The Office of the Secretary of State anticipates that the bill will result in revenue of $4.6
million in fiscal year 2001 and over $7 million in each subsequent fiscal year. The
projection of revenue is base upon the assumption that there will be 444,000 registered
corporations on the effective date of the bill. The agency estimates five percent will file
late. Of those which file timely, one percent will file electronically (352 x $5 = $1,758)
and 99 percent will file the report on paper (34,799 x $15=$521,978). Of those which file
late, the agency estimates half will pay the late fee within 120 days (925 x $20=$18,500
combined filing and late fee) and half of the remaining late filers will pay a reinstatement
fee after involuntary dissolution or revocation (463 x $90=$41,670 combined filing fee,
late fee and reinstatement fee). From these assumptions, the agency estimates revenue of
$583,906 per month or $7 million per year. The estimate for fiscal year 2001 is $4.6
million because the bill takes effect 4 months after the start of that fiscal year.

The agency reports that it would be necessary to hire four additional employees to review
documents, enter data, review for statutory compliance, handle public inquiries and
supervise contract and program personnel. However, the agency also reports that the bill
will not result in a significant increase in the number of business organization transactions
processed and will not result in an increase in the number of processed requests for
information on business organizations. The agency reports that it currently employs
contract temporary personnel to enter data derived from annual reports in a database and anticipates
that it will continue to require temporary personnel, if the bill were adopted.
This fiscal note assumes that one result of the bill would be that corporate filings will be
distributed evenly throughout the calendar, resulting in a diminished need for temporary
contract personnel and greater efficiency. For these reasons, this fiscal note does not
include costs for four additional employees.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies: 307 Secretary of State

JK, SD, SG LBB Staff: