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August 08, 2007

Analysis of the GASB 45 issue

Harvey Kronberg, friend of TSCPA and publisher of the Quorum Report, offers this inside view of the debate over GASB 45 and whether local governments should have to abide by it.

Consider a subscription to Harvey's Quorum Report if you want the all the political scoop from Austin.

TEXAS LAWMAKERS EXPLAIN RESISTANCE TO GASB45
Duncan urges other states to resist accounting rule

Attitudes toward Texas’ decision this year to opt out of new accounting rules on how to count future health benefit obligations were perhaps summed up by the lede in a Bond Buyer article last month.

"Texas will have some explaining to do when the National Conference of State Legislatures convenes in Boston next month," the article began.

Today, Texas got its chance to do some explaining. Rep. Vicki Truitt (R-Southlake) said at a panel discussion that the new rule, officially known as GASB (Government Accounting Standards Board) 45, would force the state to violate its own Constitution, which prohibits lawmakers from obligating spending from future Legislatures.

She stressed that the legislation, HB 2365, only made compliance with GASB 45 voluntary. Local governments are free to follow the rule if they want, she said. The law also clarified that the state doesn’t have a binding obligation to fund its employees’ health benefits.

Sen. Robert Duncan (R-Lubbock) followed on Truitt’s presentation by saying that the standards board had created a flawed rule that defined health benefits as a state obligation. In Texas, that is not the case, he said.

He added that the board compounded the problem by not taking objections to GASB 45 properly into account when adopting the rule. He asserted that Texas was demonstrating leadership on the issue by objecting to the way in which GASB 45 is being implemented.

He said that the states should take collective action on GASB 45 and urged NCSL to take a formal position on the issue.

The Texans, however, were alone in asserting the right to exempt themselves from GASB 45. Robin Prunty of Standard & Poor’s said that it was important to have a rule that would make states provide better information on future obligations such as employee health plans.

Part of the intent behind GASB 45 is to force states and local governments to size up the cost of potentially expensive future health benefits and thus take steps now to mitigate the impact on future budgets.

Those actions are being watched by bond buyers, bond ratings agencies and the Securities and Exchange Commission, according to Massachusetts Deputy Comptroller Eric Berman. He warned that opting out of GASB 45 could have unintended consequences. Among those could be the decision to impose the same reporting requirements on disclosing future benefit obligations that are currently required of the private sector. Those disclosures are much more draconian than the current GASB requirement, he said.

Prunty said that bond rating agencies recognize that getting a handle on benefit obligations will require action over the long term solution. States shouldn’t fear that their bond ratings will get dinged in the short term for complying with GASB 45 and posting large liabilities on the books. She could not say, though, how long it would be before those liabilities translate into lower bond ratings.

Speaker's race important to individual House candidates

Since the Texas Speaker of the House is determined by members of the House of Representatives, speaker candidates can be very interested in who wins some of those local legislative races. People are wondering if Speaker Craddick will use his political bankroll for or against current incumbents. Democrats are believed to be lining up primary opponents against their own incumbents that supported Craddick.

Yes, the elections are still months away, but read about the current goings on in this Houston Chronicle article.

August 03, 2007

Election preview: Constitutional amendments

Sixteen constitutional amendments will be on your November 6 ballot.

The Texas constitution requires the legislature to prepare a balanced biennial budget, but that doesn't mean Texas can't go into debt. Legislators just have to get the Texas voters to amend the constitution to allow it. Five of the sixteen proposed amendments authorize the state to borrow a total of $9.75 billion:

  • $5 billion for roads
  • $3 billion for cancer research
  • $1 billion for maintenance and construction projects
  • $500 million for student loans
  • $250 million for water development in distressed areas

You may recall that Governor Perry wanted to sell the lottery and use the proceeds for a number of things, including $3 billion for cancer research. The lottery sale was never seriously considered by the legislature, but they like the idea of $3 billion for cancer research. Rather than use existing budget surplus funds that they wanted to keep to pay the bill for property tax cuts, they decided to ask you to borrow the money. That action is reported to have increased the overall cost of the cancer research to almost $4.5 billion, but you won't see that number on the ballot.

The good news is there are also two amendments to limit property tax assessments. One allows the legislature to exempt disabled veterans' homesteads from ad valorem taxes. The other applies to all homeowners, allowing the legislature to limit the amount of a residence's appraisal value to 110% of the previous year's appraisal value "or a greater percentage." In other words the legislature gets to decide what the limiting percentage should be. The upside is they've already decided that the limit will be 110%.

You'll be glad to know that one amendment abolishes the constitutional authority for the inspector of hides and animals. The county office of inspector of hides and animals was established in 1871 and was intended to aid in the prevention of cattle theft by thoroughly inspecting the hides and animals shipped out of the county for sale. It was ratified with the adoption of the Texas constitution in 1876 as an elective office. The office has been virtually non-existent since the 1990s (only since the 90s?).

To learn about all the constitutional amendments set for the November 6 election, read the Houston Chronicle story here.

August 01, 2007

Franchise Tax Draft Rules Released by the Texas Comptroller’s Office

Early on August 1, the Texas Comptroller of Public Accounts exposed the draft rules for the new franchise tax on taxable margin to selected professionals across the state for comment. The comment due date is August 13 and TSCPA's State Taxation Committee is working to provide feedback by that date. After considering this initial feedback, the redrafted proposed rules will be posted for public comment in the Texas Register.