LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 10, 2001
  
  
          TO:  Honorable Rene Oliveira, Chair, House Committee on Ways &
               Means
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3580  by Gray (Relating to exempting certain electronic
               information services from the sales and use tax.), As
               Introduced
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3580, As Introduced: a negative impact of $(268,000) through the    *
*  biennium ending August 31, 2003, if the effective date of the bill    *
*  is July 1, 2001; and a negative impact of $(237,000) through the      *
*  biennium ending August 31, 2003, if the effective date of the bill    *
*  is October 1, 2001.                                                   *
**************************************************************************
  
The following table assumes an effective date of July 1, 2001.
  
All Funds, Five-Year Impact:
  
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*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                                                       *
*  2001         $(10,000)              $0              $0              $0 *
*  2002         (127,000)        (23,000)         (9,000)         (3,000) *
*  2003         (131,000)        (24,000)         (9,000)         (3,000) *
*  2004         (136,000)        (24,000)         (9,000)         (3,000) *
*  2005         (140,000)        (25,000)        (10,000)         (3,000) *
*  2006         (146,000)        (26,000)        (10,000)         (3,000) *
***************************************************************************
  
The following table assumes an effective date of October 1, 2001.
  
***************************************************************************
*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        $(106,000)       $(17,000)        $(7,000)        $(2,000) *
*  2003         (131,000)        (24,000)         (9,000)         (3,000) *
*  2004         (136,000)        (24,000)         (9,000)         (3,000) *
*  2005         (140,000)        (25,000)        (10,000)         (3,000) *
*  2006         (146,000)        (26,000)        (10,000)         (3,000) *
***************************************************************************
  
Fiscal Analysis
  
The bill would amend Chapter 151 of the Tax Code to exempt the sale of an
information service from the state sales and use tax if the service
delivers its information by fax or electronic mail over the Internet,
does not contain any advertisements, is issued not more than once each
business day, costs less than $500 for a yearly subscription, and does
not have more than 750 subscribers.

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 October 1, 2001.
  
  
Methodology
  
Data on the sale of information services were gathered from public and
private sources, including Comptroller tax files.  Sales were adjusted
for the specified information services, multiplied by the state sales tax
rate, adjusted for potential effective dates of June 1, 2001 and October
1, 2001, and extrapolated through 2006.  The fiscal impact on units of
local government were estimated proportionally.

Note:  Currently, 20 percent of the value of information services is
exempted from the state sales and use tax under Section 151.351 of the
Tax Code.
  
  
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