LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 3, 2001
  
  
          TO:  Honorable David Swinford, Chair, House Committee on
               Agriculture & Livestock
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2604  by McReynolds (Relating to assistance to certain
               volunteer fire departments and to the imposition of an
               assessment on certain insurers to finance that
               assistance.), Committee Report 1st House, Substituted
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2604, Committee Report 1st House, Substituted:  positive impact     *
*  of $0 through the biennium ending August 31, 2003.                    *
*                                                                        *
*  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                *
          *       2002                                   $0  *
          *       2003                                    0  *
          *       2004                                    0  *
          *       2005                                    0  *
          *       2006                                    0  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
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*Fiscal      Probable        Probable        Probable       Change in     *
* Year       Revenue      Savings/(Cost)  Savings/(Cost) Number of State  *
*          Gain/(Loss)       from New        from New     Employees from  *
*            from New    General Revenue General Revenue     FY 2001      *
*        General Revenue   Dedicated--     Dedicated---                   *
*          Dedicated--    Volunteer Fire  Volunteer Fire                  *
*         Volunteer Fire    Department      Department                    *
*           Department   Assistance Fund Assistance Fund                  *
*        Assistance Fund    for Grants         for                        *
*                                         Administration                  *
*  2002                $0              $0              $0             0.0 *
*  2003        15,000,000               0               0             0.0 *
*  2004        15,000,000    (13,950,000)     (1,050,000)            20.0 *
*  2005        15,000,000    (13,950,000)     (1,050,000)            20.0 *
*  2006        15,000,000    (13,950,000)     (1,050,000)            20.0 *
***************************************************************************
  
Fiscal Analysis
  
The bill would add a new article to the Insurance Code establishing a
yearly $15 million assessment on all insurers to finance the volunteer
fire department assistance fund.  Each insurer would pay a portion of the
assessment in the proportion that the insurer's net direct premiums for
the period for which the assessment is made bear to the aggregate net
direct premiums written in the state for that period.  The comptroller
would assess the insurers on or before September 1 of each year.

On or after the 60th day of being assessed, the insurer would remit the
amount assessed to the comptroller for deposit to the credit of the
newly-created volunteer fire department assistance fund account.  NOTE:
The bill's language could be interpreted to imply no amounts need ever be
remitted in any fiscal year.

The bill would establish GR Account-Volunteer Fire Department Assistance
as a dedicated account that only could be used for the purposes of this
bill.  The account would consist of assessments collected under the
provisions of the bill.

The bill would also amend the Government Code to create the rural
volunteer fire department program administered by the Texas Forest
Service of the Texas A&M University System.  The director of the Texas
Forest Service would be authorized to adopt the rules necessary to assist
volunteer fire departments in paying for equipment and training
personnel, to establish criteria and qualifications for the distribution
of program funds to volunteer fire departments and to establish a
procedure for reporting and processing requests for assistance.

The bill would require the director to submit an activity, status and
effectiveness report to the Lieutenant Governor, the Speaker of the House
of Representatives and the Comptroller of Public Accounts before
November 1 of each year.

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 September 1, 2001.

The director of the Texas Forest Service could not grant a request for
assistance under this bill before September 1, 2002.
  
  
Methodology
  
Since the initial assessment would not be payable until on or after the
60th day of being assessed, there would be no fiscal impact in FY 2002.
Also, since the bill would limit administration costs to seven percent
per fiscal year of the total revenue collected from the insurer's
assessment during the previous fiscal year, there would be no
administrative costs for FY 2003.

The bill would authorize the Texas Forest Service to employ an
undetermined number of staff to administer the program.   The Texas
Forest Service estimates it will need 20 FTEs to administer the program.
  
  
Local Government Impact
  
Upon successful grant petition of the Texas Forest Service, local
volunteer fire departments would gain additional funding resources for
equipment costs and personnel training out of the volunteer fire
department assistance fund.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, CL, JW