LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 10, 2001
  
  
          TO:  Honorable Warren Chisum, Chair, House Committee on
               Environmental Regulation
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3282  by Chisum (Relating to the creation of the scrap
               tire enforcement fund and the regulation of scrap tire
               disposal.), As Introduced
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3282, As Introduced:  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:
  
**************************************************************************
*Fiscal    Probable Revenue         Probable        Change in Number of  *
* Year   Gain/(Loss) from New  Savings/(Cost) from State Employees from  *
*           General Revenue    New General Revenue        FY 2001        *
*          Dedicated - Scrap    Dedicated - Scrap                        *
*          Tire Enforcement     Tire Enforcement                         *
*               Account              Account                             *
*  2002             $4,182,000         $(4,182,000)                  6.0 *
*  2003              4,317,000          (4,317,000)                  6.0 *
*  2004              4,457,000          (4,457,000)                  6.0 *
*  2005              4,601,000          (4,601,000)                  6.0 *
*  2006              4,750,000          (4,750,000)                  6.0 *
**************************************************************************
  
Technology Impact
  
The bill would require the purchase of personal computers and related
equipment.
  
  
Fiscal Analysis
  
The bill would establish a scrap tire enforcement program, effective
September 1, 2001.  The bill would set a scrap tire enforcement fee of 25
cents on each new tire that has a rim diameter of at least 12 inches.
The fee would not apply to tires mounted on new vehicles as original
equipment.  The bill would not prohibit a person from charging a scrap
tire disposal fee to a customer purchasing a new tire at retail.

The scrap tire enforcement program would be administered by the Texas
Natural Resource Conservation Commission (TNRCC) and the Comptroller.

The bill would create a General Revenue-Dedicated Scrap Tire Enforcement
Account.  The account would consist of scrap tire enforcement fees and
penalties collected under the program; interest on money in the account;
gifts, grants, or money received by the TNRCC or the Comptroller for the
purposes of the account.  The account would be used to pay for auditing
scrap tire enforcement; remediation of any site where scrap tires have
been discarded illegally; and to fund reasonable and necessary
administrative costs for the TNRCC and the Comptroller.  The bill would
allow the TNRCC to assess an annual fee that could not exceed $20 for
registration of permanent disposal facilities for scrap tires.
  
  
Methodology
  
The bill sets a scrap tire enforcement fee of 25 cents for each new tire
with a rim diameter of 12 inches or larger.  Using data on the number and
type of tires sold in the state under a previous waste tire programs,
the total revenues to the Scrap Tire Enforcement Account are estimated to
be $4.2 million in fiscal year 2002 and $4.3 million in fiscal year
2003.

The TNRCC estimates that administration and enforcement of the scrap tire
enforcement program would cost about $348,000 and $224,000 in fiscal
years 2002 and 2003, respectively and require 4 FTEs.  The Comptroller's
Office estimates that administration of the program would cost about
$131,000 in fiscal year 2002 and about $121,000 a year thereafter, and
require 2 FTEs.  The TNRCC anticipates spending the revenues remaining
in the Scrap Tire Enforcement Account after administration costs are
paid, in the amount of $3.7 million and $4 million in fiscal years 2002
and 2003, respectively, for scrap tire related payments, contracts and
grants.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   304   Comptroller of Public Accounts, 582   Texas
                   Natural Resource Conservation Commission
LBB Staff:         JK, CL, ZS