LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
January 30, 1997
TO: Honorable John Whitmire, Chair IN RE: Senate Bill No. 35
Committee on Criminal Justice By: West, Royce/et al.
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB35 ( Relating to
driving 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 Introduced
Implementing the provisions of the bill would result in a net positive
impact of $549,411 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 410, Title 23, U.S. Code, Texas must enact a zero-tolerance
law for minors driving with a BAC content of .02 or greater to avoid losing
approximately $38 million in 1998 in federal highway construction funds and
$77 million each year thereafter. In addition, the zero-tolerance provision
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
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 confinement in jail, a fine, community service, and driver's
license suspension or denial.
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 was estimated that there would be approximately additional 3,421 license
suspensions as a result of this bill. The estimate allows for one additional
employee to fulfill the additional administrative work required by this caseload.
Based on current data, it was estimated that sixty percent of the license
suspension cases will apply for reinstatement of 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 General General Revenue Employees from
Revenue Fund Fund FY 1997
0001 0001
1998 ($46,663) $312,890 1.0
1998 (29,706) 312,890 1.0
2000 (24,706) 307,890 1.0
2001 (24,706) 307,890 1.0
2002 (24,706) 307,890 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 $266,227
1999 283,184
2000 283,184
2001 283,184
2002 283,184
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
458 Alcoholic Beverage Commission
517 Commission on Alcohol and Drug Abuse
694 Youth Commission
665 Juvenile Probation Commission
LBB Staff: JK ,CB ,RS ,TL