LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
 
May 9, 2015

TO:
Honorable Dennis Bonnen, Chair, House Committee on Ways & Means
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3923 by Wray (relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete; adding a provision subject to a criminal penalty.), Committee Report 1st House, Substituted



Estimated Two-year Net Impact to General Revenue Related Funds for HB3923, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2017.

Additionally, the bill will have a direct impact of a revenue loss to the Property Tax Relief Fund of ($2,628,000) for the 2016-17 biennium.  Any loss to the Property Tax Relief Fund must be made up with an equal amount of General Revenue to fund the Foundation School Program.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2016 $0
2017 $0
2018 $0
2019 $0
2020 $0




Fiscal Year Probable Revenue (Loss) from
Property Tax Relief Fund
304
2016 ($1,301,000)
2017 ($1,327,000)
2018 ($1,353,000)
2019 ($1,380,000)
2020 ($1,408,000)

Fiscal Analysis

The bill would amend Chapter 171 of the Tax Code, regarding the franchise tax, by adding a provision for determining cost of goods sold for taxable entities that transport ready-mixed concrete. The added provision would allow such taxable entities to subtract as a cost of goods sold distribution costs regardless of whether the taxable entities own the ready-mix concrete.  Current law in Section 171.1012(e)(3) excludes distribution costs from cost of goods sold.  This bill would provide an exception to that provision for taxable entities that transport ready-mixed concrete.
 
The bill would take effect January 1, 2016 and apply only to reports due on or after that date.

Methodology

The estimated fiscal impact is based on information from the Texas Aggregates & Concrete Association and on the Comptroller's franchise tax data bases.

Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts
LBB Staff:
UP, KK, SD