LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
 
May 10, 2019

TO:
Honorable Jane Nelson, Chair, Senate Committee on Finance
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HJR5 by Thompson, Senfronia (Proposing a constitutional amendment providing for the dedication of certain sales and use tax revenue to the Texas mental and behavioral health research fund established to fund research, treatment, and access to services in this state for behavioral health, mental health, and substance use and addiction issues.), As Engrossed



Estimated Two-year Net Impact to General Revenue Related Funds for HJR5, As Engrossed: a negative impact of ($200,177,289) through the biennium ending August 31, 2021.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2020 ($100,177,289)
2021 ($100,000,000)
2022 ($100,000,000)
2023 ($100,000,000)
2024 ($100,000,000)




Fiscal Year Probable (Cost) from
General Revenue Fund
1
Probable Revenue (Loss) from
General Revenue Fund
1
Probable Revenue Gain from
Texas Mental and Behavioral Health Research Fund
2020 ($177,289) ($100,000,000) $100,000,000
2021 $0 ($100,000,000) $100,000,000
2022 $0 ($100,000,000) $100,000,000
2023 $0 ($100,000,000) $100,000,000
2024 $0 ($100,000,000) $100,000,000

Fiscal Analysis

The joint resolution would propose to amend the Texas Constitution to establish a fund for support of research, treatment, and access to services for behavioral health, mental health, and substance use and addiction issues, and to provide a dedication of sales tax revenue to the fund.

Article III would be amended by adding Section 68 to establish the Texas Mental and Behavioral Health Research Fund (fund) in the Treasury. Money from the fund could be used (1) to research behavioral health issues generally, (2) to research substance use and addiction issues, (3) to research behavioral and mental health issues affecting children and adolescents, and (4) to address the shortage of mental health professionals in the state.

Section 7-c, Article VIII would be amended by adding Subsection (b-1) to provide that in each state fiscal year $100 million of the net revenue derived from imposition of the state sales and use tax under Chapter 151, Tax Code that exceeds the amount of $30.5 billion shall be deposited to the credit of the fund.

Section 7-c, Article VIII would also be amended by adding Subsection (d-1) to provide that by a record vote of two-thirds of the membership of each house, the legislature could direct that the deposit to the credit of the fund under Subsection (b-1) be reduced by no more than 50 percent. Such reduction could be only for the state fiscal year in which the resolution directing the reduction is adopted, or in either of the following two fiscal years.

The proposed constitutional amendment would be submitted to the voters at an election to be held November 5, 2019.

Methodology

As the forecast of sales tax revenue in the 2020-21 Biennial Revenue Estimate exceeds $30.6 billion each year, a deposit of $100 million to the fund would be expected in each year of the biennium and each year thereafter.

The cost to the state for publication of the resolution is $177,289.

Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 529 Health and Human Services Commission
LBB Staff:
WP, KK, SD