LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 20, 2001
  
  
          TO:  Honorable Rene Oliveira, Chair, House Committee on Ways &
               Means
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB939  by Hodge (Relating to the application of certain
               taxes on persons involved in television, motion picture,
               video, and audio productions.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB939, As Introduced: a negative impact of $(2,098,417) through       *
*  the biennium ending August 31, 2003, if the effective date of the     *
*  bill is July 1, 2001; and a negative impact of $(1,861,750)           *
*  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:
  
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*Fiscal      Probable        Probable        Probable        Probable     *
* Year       Revenue         Revenue         Revenue         Revenue      *
*         Gain/(Loss) to   Gain/(Loss)     Gain/(Loss)     Gain/(Loss)    *
*        General Revenue    from Hotel     from Cities    from Counties   *
*              Fund       Occupancy Tax                                   *
*              0001          Deposits                                     *
*                            Account                                      *
*                              5003                                       *
*  2001        $(148,250)          $(750)        $(9,000)        $(1,000) *
*  2002         (962,667)         (9,333)       (114,000)         (9,000) *
*  2003         (987,500)         (9,500)       (117,000)         (9,000) *
*  2004       (1,014,167)         (9,833)       (120,000)         (9,000) *
*  2005       (1,041,917)        (10,083)       (123,000)        (10,000) *
*  2006       (1,068,667)        (10,333)       (126,000)        (10,000) *
***************************************************************************
  
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)     Gain/(Loss)     Gain/(Loss)    *
*        General Revenue    from Hotel     from Cities    from Counties   *
*              Fund       Occupancy Tax                                   *
*              0001          Deposits                                     *
*                            Account                                      *
*                              5003                                       *
*  2002        $(874,250)        $(7,750)       $(95,000)        $(7,000) *
*  2003         (987,500)         (9,500)       (117,000)         (9,000) *
*  2004       (1,014,167)         (9,833)       (120,000)         (9,000) *
*  2005       (1,041,917)        (10,083)       (123,000)        (10,000) *
*  2006       (1,068,667)        (10,333)       (126,000)        (10,000) *
***************************************************************************
  
Fiscal Analysis
  
The bill would exempt certain items involved in television, motion
pictures, video, and audio production from the taxes imposed by Chapters
152 and 156 of the Tax Code.

The bill would amend Chapter 152 to exempt from the motor vehicle sales
and use tax the purchase, rental, or use of a motor vehicle in connection
with the commercial production of a television film, commercial,
program, motion picture, or a video or audio recording.  The tax that
would have been remitted on the gross rental receipts without this
exemption would be deemed to have been remitted for the purpose of
computing the minimum gross rental receipts tax.

The bill would amend Chapter 156 to exempt from the hotel occupancy tax a
person involved in the commercial production of a television film,
commercial, program, motion picture, or a video or audio recording,
provided that the person had the right to use or possess a room in one
hotel or in a series of two or more hotels for at least 15 consecutive
days.

The bill would take effect July 1, 2001, assuming that it received the
requisite two-thirds majority votes in both houses of the Legislature.
Otherwise, it would take effect October 1, 2001.
  
  
Methodology
  
Data were collected from public and private sources, including the Texas
Film Commission.  Motor vehicle rentals were estimated as a percentage of
production budgets and extrapolated using the Consumer Price Index.  For
the hotel occupancy tax exemption, the state tax rate was applied to the
estimated budget for lodging by commercial production companies meeting
the 15-day minimum stay requirement.  The fiscal impacts for years after
2000 were adjusted using the Consumer Price Index.

Note:  The language in the bill does not precisely specify who could
qualify for the exemptions ("in connection with").  As such, the
estimated impact to the motor vehicle sales and use tax was doubled.
The hotel occupancy tax exemption was increased by 25 percent for this
ambiguity.
  
  
Local Government Impact
  
Local units of government would have a corresponding fiscal impact from
motor vehicle sales tax revenues, as indicated in the tables above.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, SD, WP, SM