LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 1, 2001
  
  
          TO:  Honorable Rene Oliveira, Chair, House Committee on Ways &
               Means
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB248  by Carona (Relating to the exemption from ad
               valorem taxation of motor vehicles leased for personal
               use.), As Engrossed
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB248, As Engrossed:  positive impact of $15,656,000 through the      *
*  biennium ending August 31, 2003.                                      *
**************************************************************************
  
The bill would amend Chapter 11 of the Tax Code to provide an ad valorem
tax exemption for motor vehicles leased for personal use.

The exemption would not apply in a municipality if the governing body
adopted an ordinance before January 1, 2002 providing for the continued
taxation of leased motor vehicles.

This bill would take effect January 1, 2002, and it would apply only to
ad valorem taxes imposed on a motor vehicle subject to a lease entered
into on or after January 2, 2001.  If not continued in effect by the
Legislature, the exemption would expire December 31, 2003.
  
General Revenue-Related Funds, Five-Year Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2002                           $7,698,000  *
          *       2003                            7,958,000  *
          *       2004                         (20,520,000)  *
          *       2005                         (16,875,000)  *
          *       2006                           17,380,000  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal    Probable Net      Probable        Probable        Probable     *
* Year       Revenue         Revenue         Revenue         Revenue      *
*         Gain/(Loss) to  Gain/(Loss) to  Gain/(Loss) to  Gain/(Loss) to  *
*        General Revenue School Districts     Cities         Counties     *
*              Fund                                                       *
*              0001                                                       *
*  2002        $7,698,000              $0              $0              $0 *
*  2003         7,958,000    (20,520,000)     (5,596,000)     (5,063,000) *
*  2004      (20,520,000)    (18,274,000)    (10,580,000)     (9,573,000) *
*  2005      (16,875,000)      38,794,000               0               0 *
*  2006        17,380,000               0               0               0 *
***************************************************************************
  
Fiscal Analysis
  
Data on leased motor vehicles were obtained through a Comptroller's
Office survey of county appraisal districts.  The survey identified
approximately 250,000 personal use leases with an average value of
approximately $15,000.  Under current law, leased motor vehicles are
rendered for property taxation to independent school districts, cities,
counties, and special districts.  This bill would reduce revenues to
these taxing districts.  Under the school finance formula, the state
would reimburse school districts for their losses after a one-year lag,
beginning in fiscal 2004.
  
  
Methodology
  
The following analysis was done by the Comptroller of Public Accounts.

The Texas percentage of personal lease vehicles to new motor vehicles
sold is about 17 percent (somewhat below the national average).  To
arrive at the estimated fiscal impact, it was assumed that, as a
behavioral response to the property tax  reduction, the ratio of personal
use leases to new vehicle sales would increase to the national average
of approximately 23 percent.

In addition, leased autos are "turned around," or disposed of by the
lessee, on average about every 42 months, while purchased autos are
"turned around" on  average about every 53 months.  Therefore, an
anticipated secondary effect of this bill would be to generate an
increase in motor vehicle sales and use tax collections.  This increase
would appear immediately after the effective date of the bill (and before
the first property tax losses would occur), and it would continue as a
reflection of the increased turn-over in the Texas motor vehicle fleet.

The unusual pattern of fiscal effects in 2005-2006 is for motor vehicle
sales tax related to the final "echo" of leased vehicles being resold
when compared with current law.  Behavioral responses regarding leasing
were assumed to cease during the summer of 2003.

The first losses to units of local government reflect a one-year lag, and
a two-year lag in state reimbursement to independent school districts,
given the bill's effective dates and school finance provisions.
  
  
Local Government Impact
  
The impact on local taxing units is reflected in the above table.
Note:  For the purposes of this fiscal note, it was assumed that all
cities would grant the exemption.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, SD, WP, BR