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: HB1841 by Junell (Relating to authorizing the comptroller to establish a program to permit certain certified public accountants to perform certain audits.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB1841, As Introduced: positive impact of $6,962,000 through the * * biennium ending August 31, 2003. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $3,381,000 * * 2003 3,581,000 * * 2004 3,581,000 * * 2005 3,581,000 * * 2006 3,581,000 * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *Fiscal Probable Revenue Probable Change in Number of * * Year Gain/(Loss) to Savings/(Cost) to State Employees from * * General Revenue Fund General Revenue Fund FY 2001 * * 0001 0001 * * 2002 $3,756,000 $(375,000) 2.0 * * 2003 3,756,000 (175,000) 2.0 * * 2004 3,756,000 (175,000) 2.0 * * 2005 3,756,000 (175,000) 2.0 * * 2006 3,756,000 (175,000) 2.0 * ************************************************************************** Fiscal Analysis The bill would amend Chapter 151 of the Tax Code to allow the Comptroller, by rule, to establish a program whereby taxpayers could hire a certified public accountant, not employed by the Comptroller, to perform an audit to determine a taxpayer's liability for the taxes under Chapter 151. The program would include eligibility requirements for taxpayer participation, training requirements and qualifications, and safeguards to protect the confidentiality of information used in connection with the audit. The Comptroller could waive a penalty or all or part of the accrued interest on an amount resulting from an audit under the program. The bill would take effect immediately upon enactment, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect September 1, 2001. Methodology The bill would implement recommendation AFM-5(E) from the Comptroller's report, e-Texas: Smaller, Smarter, Faster Government. Creation of a Certified Audit Program in Texas, modeled after a program currently in use in Florida, could increase sales tax revenue assessed and collected by the Comptroller. In its first year of operation in Florida, the Certified Audit Program resulted in auditor time saved equivalent to the work of more than five additional staff auditors. Based on the Florida return on investment, it was assumed that Texas could achieve similar results. In terms of fiscal impact, it was estimated that Texas would garner the equivalent of five additional staff auditors. On average, Comptroller staff auditors spend approximately 1,456 hours per year actively working taxpayer audits. This estimate assumes that additional revenue would be generated at the average rate for Priority 2 Audit Accounts or $516 per hour. The costs to administer the program would include one Project Manager at $75,000 per year; one training specialist at $50,000 per year; a one-time cost to design, develop, and implement the Certified Audit training Program, $200,000; and ongoing administrative costs, including travel and training, $50,000 per year. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: JK, SD, SM