LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session February 28, 2001 TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John Keel, Director, Legislative Budget Board IN RE: HB375 by Flores (Relating to exemptions from the sales tax.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB375, As Introduced: a negative impact of $(38,604,000) through * * the biennium ending August 31, 2003, if the effective date of the * * bill is July 1, 2001; and a negative impact of $(22,810,000) * * through the biennium ending August 31, 2003, if the effective date * * of the bill is October 1, 2001. * ************************************************************************** The following table assumes an effective date of July 1, 2001. All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Revenue Revenue Revenue Revenue * * Gain/(Loss) to Gain/(Loss) to Gain/(Loss) to Gain/(Loss) to * * General Revenue Cities Transit Counties/SPDs * * Fund Authorities * * 0001 * * 2001 $(5,487,000) $0 $0 $0 * * 2002 (16,105,000) (2,908,000) (1,122,000) (344,000) * * 2003 (17,012,000) (3,072,000) (1,185,000) (363,000) * * 2004 (17,991,000) (3,248,000) (1,253,000) (384,000) * * 2005 (19,013,000) (3,433,000) (1,325,000) (406,000) * * 2006 (20,155,000) (3,639,000) (1,404,000) (431,000) * *************************************************************************** The following table assumes an effective date of October 1, 2001. *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Revenue Revenue Revenue Revenue * * Gain/(Loss) to Gain/(Loss) to Gain/(Loss) to Gain/(Loss) to * * General Revenue Cities Transit Counties/SPDs * * Fund Authorities * * 0001 * * 2002 $(5,798,000) $0 $0 $0 * * 2003 (17,012,000) (3,072,000) (1,185,000) (363,000) * * 2004 (17,991,000) (3,248,000) (1,253,000) (384,000) * * 2005 (19,013,000) (3,433,000) (1,325,000) (406,000) * * 2006 (20,155,000) (3,639,000) (1,404,000) (431,000) * *************************************************************************** Fiscal Analysis The bill would amend Chapter 151 of the Tax Code to exempt certain school supplies from the limited sales and use tax if the items were required for classroom use by a student in a public or private elementary or secondary school, had a value of less than $75, and were purchased during the three-day period starting with the first Friday of August. A retailer would not be required to obtain an exemption certificate except in instances where the quantity purchased would indicate a non-school usage. The bill would allow the repeal of the exemption for school supplies by local taxing jurisdictions as it would relate to their local sales taxes, as provided by Chapter 326 of the Tax Code. The bill would take effect July 1, 2001 if it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect October 1, 2001. Methodology Data on the sale of school supplies (including backpacks) and textbooks were obtained from a variety of sources, both public and private, including the U.S. Census Bureau. The data were adjusted for the appropriate price range and time period, multiplied by the state sales tax rate, adjusted for the potential effective dates of July 1, 2001 and October 1, 2001, and extrapolated through fiscal 2006. The fiscal impacts on units of local government were estimated proportionally. Note: This analysis assumes that a portion of the sales tax generated by college textbooks would be exempted by this bill, as well as a portion of the sales tax collected on books sold at non-college, public bookstores. Local Government Impact Local units of government would have a corresponding fiscal impact from sales tax revenues, as indicated in the table above. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: JK, SD, WP, SM