LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
 
April 23, 2019

TO:
Honorable Dustin Burrows, Chair, House Committee on Ways & Means
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB313 by Howard (Relating to a sales and use tax exemption for child and adult diapers.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB313, As Introduced: a negative impact of ($92,000,000) through the biennium ending August 31, 2021.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2020 ($43,400,000)
2021 ($48,600,000)
2022 ($49,800,000)
2023 ($51,200,000)
2024 ($52,500,000)




Fiscal Year Probable Revenue (Loss) from
General Revenue Fund
1
Probable Revenue (Loss) from
Cities
Probable Revenue (Loss) from
Transit Authorities
Probable Revenue (Loss) from
Counties and Special Districts
2020 ($43,400,000) ($8,040,000) ($2,760,000) ($1,620,000)
2021 ($48,600,000) ($9,000,000) ($3,090,000) ($1,820,000)
2022 ($49,800,000) ($9,230,000) ($3,170,000) ($1,870,000)
2023 ($51,200,000) ($9,490,000) ($3,260,000) ($1,920,000)
2024 ($52,500,000) ($9,730,000) ($3,340,000) ($1,970,000)

Fiscal Analysis

The bill would amend Section 151.313 of the Tax Code, to provide for the exemption of child and adult diapers from the sales and use tax.
 
Section 151.313(a) would be amended to add the exemption of diapers, absorbency undergarments, and guards or pads, when used for protection against urinary or colonic leakage. 
  
The bill would take effect September 1, 2019.

Methodology

Industry data on national sales of diapers and incontinence products were apportioned to the state based on population, reduced to omit estimated non-taxable sales to entities such as nonprofit organizations, multiplied by the sales tax rate to estimate the applicable sales tax, and extrapolated through 2024.

Local Government Impact

There would be a proportional loss of sales and use tax revenue from units of local government.


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