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