LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION
 
March 26, 2003

TO:
Honorable Rodney Ellis, Chair, Senate Committee on Government Organization
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB266 by Lucio (Relating to the continuation and functions of the Board of Law Examiners.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for SB266, As Introduced: a positive impact of $1,575,000 through the biennium ending August 31, 2005, if the Board of Law Examiners is provided a specific appropriation by the General Appropriations Act, Acts of the 78th Legislature, Regular Session, 2003; or an impact of $0 through the biennium ending August 31, 2005, if the Board of Law Examiners is not provided a specific appropriation by the General Appropriations Act, Acts of the 78th Legislature, Regular Session, 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.

The table below shows positive impact of $1,575,000 through the biennium ending August 31, 2005, if the Board of Law Examiners is provided a specific appropriation by the General Appropriations Act, Acts of the 78th Legislature, Regular Session, 2003.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2004 $1,575,000
2005 $0
2006 $0
2007 $0
2008 $0




Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2006 $1,665,000
2007 $0
2008 $0
2009 $0
2010 $0




Fiscal Year Probable Revenue Gain from
GENERAL REVENUE FUND
1
Probable (Cost) from
GENERAL REVENUE FUND
1
Change in Number of State Employees from FY 2003
2004 $3,988,586 ($2,413,586) 17.0
2005 $2,413,586 ($2,413,586) 17.0
2006 $2,413,586 ($2,413,586) 17.0
2007 $2,413,586 ($2,413,586) 17.0
2008 $2,413,586 ($2,413,586) 17.0

The table below shows a positive fiscal impact of $1,665,000 in fiscal year 2006 if the Board of Law Examiners is not provided a specific appropriation by the General Appropriations Act, Acts of the 78th Legislature, Regular Session, 2003.



Fiscal Year Probable Revenue Gain from
GENERAL REVENUE FUND
1
2006 $1,665,000
2007 $0
2008 $0
2009 $0
2010 $0

Fiscal Analysis

The bill would amend Government Code, Chapter 82 to implement recommendations of the Sunset Advisory Commission and continue the Board of Law Examiners in existence until 2015.  The bill would place the funds of the Board in the General Revenue Fund of the state treasury, subject to the legislative appropriations process. 

The bill would take effect September 1, 2003.


Methodology

Based upon information provided by the Board of Law Examiners, annual costs for operation of the Board total $2,413,586 per fiscal year, including employee benefits.  The Board also collects $2,413,586 per year in fees from applicants for law licenses.  Additionally, although the employees of the Board of Law Examiners are currently considered state employees, but they are outside of the General Appropriations Act.  This estimate assumes that should the Board of Law Examiners receive an appropriation in the General Appropriations Act, Acts of the 78th Legislature, Regular Session, an additional 17 full-time-equivalent positions would be included in the Act.

Under Section 14 of the bill the Supreme Court must transfer unexpended balances from accounts for the Board of Law Examiners to the Comptroller for deposit in the General Revenue Fund within 15 days of the beginning of fiscal year 2004, provided that the General Appropriations Act, Acts of the 78th Legislature, Regular Session makes a specific appropriation to the Board of Law Examiners.  According to the Board of Law Examiners, the expected unexpended balance to be transferred before September 15, 2003 under this scenario is $1,575,000 from a reserve account maintained by the Board.

Section 14 of the bill also provides for the Supreme Court to transfer unexpended balances from accounts for the Board of Law Examiners for deposit in the General Revenue Fund within 15 days of the beginning of fiscal year 2006, provided that the General Appropriations Act, Acts of the 78th Legislature, Regular Session makes no appropriation to the Board of Law Examiners.  According to the Board of Law Examiners, the reserve account mentioned above accrues an average of $45,000 per year in investment interest.  Therefore, the amount transferred to General Revenue before September 14, 2005 in this second scenario is anticipated to be $1,665,000.


Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
116 Sunset Advisory Commission, 201 Supreme Court of Texas, 344 Commission on Human Rights, 356 Texas Ethics Commission
LBB Staff:
JK, JO, GO, VDS, TB