LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
February 25, 1997
TO: Honorable Allen Place, Chair IN RE: Senate Bill No. 35, As Engrossed
Committee on Criminal Jurisprudence By: West, Royce
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB35 ( Relating
to operating a vehicle while intoxicated or under the influence
of alcohol by a minor and other actions of a minor concerning
the acquisition, possession, and use of alcohol; providing penalties.)
this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB35-As Engrossed
Implementing the provisions of the bill would result in a net
impact of $3,000,000 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 Alcoholic Beverage Code by creating
the offense of Driving Under the Influence of Alcohol by a Minor.
This offense would apply to any person under the age of 21
driving with any detectable amount of alcohol in his or her
system.
This provision of the bill would affect Texas'
eligibility for federal funding. According to Section 320,
Title 23, U.S. Code, Texas must enact a zero-tolerance law for
minors driving with a Blood Alcohol Content (BAC) content of
.02 or greater to avoid losing approximately $38 million in
federal fiscal year 1999 for federal highway construction funds
and $77 million each year thereafter.
In addition, the
zero-tolerance provision and the driver's license suspension
provision would assist the state in meeting eligibility for
National Highway Traffic Safety Administration grant funding
of up to $2.8 million each fiscal year for up to five years.
The
bill would also increase the available punishment options available
for minors convicted of alcohol related offenses. Punishment
could include a combination of a fine, community service, driver's
license suspension or denial, or confinement in jail on the
third and subsequent offenses.
The bill would also amend
the Transportation Code by increasing the period of driver's
license suspension for minors convicted of motor vehicle related
alcohol offenses.
Methodolgy
It is estimated that there would be approximately 5,000 additional
license suspensions for Driving Under the Influence (requiring
a $100 driver's license reinstatement fee) and 20,000 cases
involving Minor in Possession of Alcoholic Beverage suspensions
(requiring a $50 reinstatement fee). The estimate allows for
17 additional employees to meet the additional legal, information
systems, and administrative workload requirements of the bill.
Due
to the additional sanctions, it is anticipated that the 5,000
suspensions would result would result in a hearing request rate
of 40% or 2,000 hearings per year. (The current rate is 20%
per year.)
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 ($1,038,157) $1,500,000 17.0
1998 (668,208) 1,500,000 17.0
2000 (668,208) 1,500,000 17.0
2001 (668,208) 1,500,000 17.0
2002 (668,208) 1,500,000 17.0
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 $1,500,000
1999 1,500,000
2000 1,500,000
2001 1,500,000
2002 1,500,000
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:
LBB Staff: JK ,CB ,RS