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: HB3140 by Swinford (Relating to eligibility for certain franchise tax credits.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3140, As Introduced: negative impact of $(626,000) 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 $(282,000) * * 2003 (344,000) * * 2004 (395,000) * * 2005 (422,000) * * 2006 (453,000) * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Revenue Gain/(Loss) from * * General Revenue Fund * * 0001 * * 2002 $(282,000) * * 2003 (344,000) * * 2004 (395,000) * * 2005 (422,000) * * 2006 (453,000) * ***************************************************** Fiscal Analysis The bill amends a portion of the franchise tax law, Section 171.751(1) of the Tax Code, by adding thirteen 4-digit SIC codes to the industry definition of agricultural processing. Industries defined as agricultural processing industries by Section 171.751(1) are eligible for franchise tax credits for job creation and capital investment if the job creation or capital investment activity occurs in a county with a population of less than 50,000. The following industries would be added to the definition: manmade organic fibers (SIC 2824); drugs (SIC 2833-2836); soaps (SIC 2841); industrial organic chemicals (SIC 2861, SIC 2865, SIC 2869); adhesives and sealants (SIC 2891); chemicals not elsewhere classified (SIC 2899); vitreous china table and kitchen articles (SIC 3262); and lead pencils, crayons, and artists' materials (SIC 3952). The bill takes effect January 1, 2002 and would apply to reports and taxes originally due on or after that date. Methodology This estimate is based upon analyses done by the Comptroller's Office. Comptroller staff used county employment and wage data for the industries added to the definition of agricultural processing and compared to similar data for industries included under the current definition. The data came from counties designated as limited-purpose strategic investment area counties for fiscal year 2001. Estimated agricultural processing credits based on the existing industry definition were increased to reflect the additional industries. The impact for fiscal year 2002 was adjusted to reflect the January 1, 2002 effective date and differences in corporate accounting years. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: JK, SD, CT