LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 30, 2001
  
  
          TO:  Honorable Rene Oliveira, Chair, House Committee on Ways &
               Means
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2815  by Hartnett (Relating to a phased-in and limited
               exemption for certain purchases of machinery and
               equipment used for research and development from sales
               and use taxes.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2815, As Introduced:  negative impact of $(22,727,000) 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                         $(9,789,000)  *
          *       2003                         (12,938,000)  *
          *       2004                         (16,082,000)  *
          *       2005                         (19,145,000)  *
          *       2006                         (21,062,000)  *
          ****************************************************
  
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                                                       *
*  2002      $(9,789,000)    $(1,768,000)      $(682,000)      $(209,000) *
*  2003      (12,938,000)     (2,336,000)       (901,000)       (276,000) *
*  2004      (16,082,000)     (2,904,000)     (1,120,000)       (344,000) *
*  2005      (19,145,000)     (3,457,000)     (1,334,000)       (409,000) *
*  2006      (21,062,000)     (3,803,000)     (1,467,000)       (450,000) *
***************************************************************************
  
Fiscal Analysis
  
The bill would amend Chapter 151 of the Tax Code to exempt machinery,
equipment, or replacement parts that are used directly in the research or
development of inventions, products, processes, or technology.  To
qualify for exemption, the item would have to be used by a person
primarily engaged either in the manufacturing, processing, or fabrication
of tangible personal property for ultimate sale, or in the performance
of scientific or technical services for a such a person.

In 2002, the exemption would be limited to the first $100,000 of tax on
qualifying purchases for each taxpayer.  For each following year, the
limit would be increased annually by $100,000, until it reached $500,000
per taxpayer in 2006, where it would remain thereafter.

The exemption would not apply to office equipment or supplies or to
equipment or supplies used in sales, distribution, or transportation
activities.

The bill would take effect January 1, 2002.
  
  
Methodology
  
Data on expenditures for research and development were gathered from the
National Science Foundation.  Expenditures were adjusted to reflect
average taxpayer outlays for qualifying machinery and equipment sold in
Texas.  Qualifying expenditures were then multiplied by the state sales
tax rate, extrapolated through 2006, and adjusted to reflect the
appropriate annual limit per taxpayer.  The fiscal impact on units of
local government were estimated proportionally.
  
  
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, SM