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  H.B. No. 464
 
 
 
 
AN ACT
  relating to the preparation by the Legislative Budget Board of a
  dynamic fiscal impact statement for certain bills and joint
  resolutions affecting taxes and fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 314, Government Code, is amended by
  adding Section 314.005 to read as follows:
         Sec. 314.005.  DYNAMIC FISCAL IMPACT STATEMENT ON TAX OR FEE
  MEASURE.  (a)  The board shall prepare a dynamic fiscal impact
  statement for each bill or joint resolution:
               (1)  that raises or lowers the rate or amount of a tax
  or fee or proposes an amendment to the Texas Constitution that would
  raise or lower the rate or amount of a tax or fee; and
               (2)  for which a fiscal note is prepared indicating a
  positive or negative impact on revenue of at least $75 million
  annually.
         (b)  The dynamic fiscal impact statement must, based on
  dynamic scoring principles, project for the five-year period
  beginning on the proposed effective date of the change in the rate
  or amount of the tax or fee the estimated fiscal and economic
  impacts of raising or lowering the rate or amount of the tax or fee
  as proposed, including the impact on:
               (1)  tax or fee receipts; and
               (2)  the costs of the specific program, if any, that the
  tax or fee is designed to directly support.
         (c)  In this section, "dynamic scoring principles" means a
  method of estimating the pace of economic growth or the change in
  the aggregate level of economic output and incomes, in response to a
  change in the rate or amount of a tax or fee, that takes into
  consideration factors including:
               (1)  the direct impact on tax or fee receipts and, if
  the tax or fee is designed to directly support a specific program,
  on program costs;
               (2)  the effects on incentives to work, save, invest,
  and conduct economic affairs;
               (3)  the resulting change in the overall level of
  economic activity;
               (4)  the impact of the resulting higher or lower level
  of economic activity on tax or fee receipts and, if the tax or fee is
  designed to directly support a specific program, on program costs;
  and
               (5)  a calculation of the net impact of the legislation
  proposing the change on the unified budget.
         (d)  The dynamic fiscal impact statement must be attached to
  the bill or resolution immediately following the fiscal note
  attached under Section 314.003.
         (e)  On the fifth anniversary of the effective date of a bill
  that becomes law for which a dynamic fiscal impact statement was
  prepared under this section, the comptroller shall prepare and
  submit to the presiding officer of each house of the legislature a
  report that assesses the accuracy of the relevant fiscal note
  prepared for the bill and the accuracy of the relevant dynamic
  fiscal impact statement prepared for the bill.
         SECTION 2.  Section 314.004(c), Government Code, is amended
  to read as follows:
         (c)  The impact statement must be attached to the bill or
  resolution immediately following:
               (1)  the fiscal note attached under Section 314.003; or
               (2)  if a dynamic fiscal impact statement is prepared
  under Section 314.005, the dynamic fiscal impact statement.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 464 was passed by the House on May 15,
  2009, by the following vote:  Yeas 139, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 464 on May 29, 2009, by the following vote:  Yeas 142, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 464 was passed by the Senate, with
  amendments, on May 26, 2009, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor