LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
 
April 1, 2009

TO:
Honorable Rene Oliveira, Chair, House Committee on Ways & Means
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2070 by Cohen (Relating to the fee based on admissions to certain sexually oriented businesses.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB2070, As Introduced: an impact of $0 through the biennium ending August 31, 2011.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2010 $0
2011 $0
2012 $0
2013 $0
2014 $0




Fiscal Year Probable Revenue Gain/(Loss) from
Sexual Assault Prog Acct
5010
2010 ($3,200,000)
2011 ($3,200,000)
2012 ($3,200,000)
2013 ($3,200,000)
2014 ($3,200,000)

Fiscal Analysis

The bill would amend Chapter 47 of the Business and Commerce code, regarding sexually oriented businesses. The bill would reduce to $3, from the current $5, the amount of the fee that is imposed on each customer for entry into a sexually oriented business. The bill would provide that all revenue from this fee, would be deposited in GR Account 5010 - Sexual Assault Program.

The bill would take effect immediately upon enactment, assuming that it received the requisite two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect September 1, 2009.


Methodology

The impact is based on estimates from the 2010-11 Biennial Revenue Estimate, adjusted for the decrease in the amount of the fee proposed by this bill, and extended through fiscal 2014.

The existing $5 fee was challenged in state district court and ruled unconstitutional. The state is now appealing that decision. For the purposes of this analysis it is assumed current law will continue.

Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts
LBB Staff:
JOB, MN, SD