LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 23, 2001
  
  
          TO:  Honorable David Sibley, Chair, Senate Committee on
               Business & Commerce
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB957  by Brown, J. E. "Buster" (Relating to loss damage
               waivers in certain rental-purchase agreements.),
               Committee Report 1st House, Substituted
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB957, Committee Report 1st House, Substituted:  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:
  
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*Fiscal        Probable         Probable Revenue    Change in Number of  *
* Year    Savings/(Cost) from   Gain/(Loss) from   State Employees from  *
*        General Revenue Fund General Revenue Fund        FY 2001        *
*                0001                 0001                               *
*  2002             $(136,111)             $136,111                  3.0 *
*  2003              (118,411)              118,411                  3.0 *
*  2004              (118,411)              118,411                  3.0 *
*  2005              (118,411)              118,411                  3.0 *
*  2006              (118,411)              118,411                  3.0 *
**************************************************************************
  
Technology Impact
  
Computers and software for the additional three Full-time Equivalent
Positions (FTEs) totaling $6,900 in fiscal year 2002.
  
  
Fiscal Analysis
  
The bill amends the Business and Commerce Code and requires the Texas
Department of Licensing and Regulation (TDLR) to register rent-to-own
merchants who offer loss damage waivers and provides for administrative
penalties. The bill provides for authority of the Commissioner and
requires merchants to register annually and to file a copy of each loss
damage waiver agreement form used by the merchant.
The bill allows for the Commissioner to enforce the provisions of the
bill and to investigate any
complaint concerning the amount of loss damage waiver fees.

The effective date of the bill is September 1, 2001.
  
  
Methodology
  
TDLR estimates needing three additional FTEs to implement the provisions
of the bill.  They would include an investigator to investigate
approximately 1,000 complaints from consumers involving the fee charged
for loss damage waivers and a legal assistant to assist the investigator
with administrative aspects of investigations and also determine the
jurisdiction of all related complaints received.  TDLR also anticipates
needing an administrative technician to process the 800 stores offering
loss damage waivers and accompanying forms the agency anticipates
receiving annually.

It is assumed the agency will adjust its fees to cover the cost of
implementing the bill.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   452   Texas Department of Licensing and Regulation
LBB Staff:         JK, JO, RT, DE