LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  February 13, 1997
         
         
      TO: Honorable Allen Place, Chair            IN RE:  House Bill No. 133
          Committee on Criminal Jurisprudence                              By: Hochberg
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB133 ( Relating 
to the standard of alcohol concentration used  in defining the 
offense of driving while intoxicated.) this office has detemined 
the following:
         
         Biennial Net Impact to General Revenue Funds by HB133-As Introduced
         
Implementing the provisions of the bill would result in a net 
positive impact of $294,480 to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         
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 Analysis
 
The bill would amend the Penal Code by lowering the current 
blood-alcohol concentration level used to     define "intoxicated." 
  The bill would lower the current blood-alcohol concentration 
level of .10 to .08.

The lower blood-alcohol concentration 
level is one of five required qualifications for receiving National 
Highway Traffic Safety Administration grant funding of up to 
$2.8 million each fiscal year for five years.
 
Methodolgy
 
It is estimated that there would be approximately 1,636 additional 
cases or actions involving Driving While Intoxicated (DWI) convictions 
and administrative hearings as a result of the bill.  The estimate 
allows for one additional employee to fulfill the administrative 
work associated with the additional workload, as well as appropriate 
training and equipment.  

Based on current data, it is estimated 
that sixty percent of the license suspension cases will apply 
for reinstatement of a driver's license after the suspension 
period is completed.  Each reinstatement would result in the 
collection of $150 in licensing fees.  
The probable fiscal implications of implementing the provisions 
of the bill during each of the first  five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable           Probable Revenue   Change in Number   
            Savings/(Cost)     Gain/(Loss) from   of State                                                
            from State         General Revenue    Employees from                                          
            Highway Fund       Fund               FY 1997                                                 
            0006               0001                                                                        
       1998         ($41,663)          $147,240               1.0                                    
       1998          (24,706)           147,240               1.0                                    
       2000          (24,706)           147,240               1.0                                    
       2001          (24,706)           147,240               1.0                                    
       2002          (24,706)           147,240               1.0                                    
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998             $147,240
               1999              147,240
               2000              147,240
               2001              147,240
               2002              147,240
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No significant fiscal implication to units of local government 
is anticipated.
          
   Source:            Agencies:   405   Department of Public Safety
                                         
                      LBB Staff:   JK ,CB ,MG ,RS