LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 15, 1997
TO: Honorable Kenneth Armbrister, Chair IN RE: Senate Bill No. 1069
Committee on State Affairs By: Moncrief
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB1069 ( Relating
to the release and use of certain personal information from
motor vehicle records.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB1069-As Introduced
Implementing the provisions of the bill would result in a net
impact of $0 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 Texas statute by implementing the Driver
Privacy Protection Act, regarding privacy of information gathered
and recorded by certain agencies of the state and would prevent
the Department of Public Safety or the Department of Transportation
from disclosing specified personal information without written
consent from the person unless one of several exceptions is
met. The bill would also prohibit the disclosure of thumb or
finger images unless that disclosure is authorized by law.
The bill would also allow those agencies to set fees for the
disclosure of information in the motor vehicle files and require
those agencies to maintain records for five (5) years relating
to the disclosure of affected information.
The bill would
take effect September 1, 1997.
Methodolgy
This bill would require that each person be given an opportunity
to decide whether or not to consent to the release of certain
personal information from the 16,000,000 driver s license and
personal identification records. The major operational and
fiscal impact of the bill would fall in several areas. There
would be the need for computer systems reprogramming to designate
each individual s decision and choice and for a mass mailing
of a questionnaire, with the subsequent expense of forms, envelopes
and postage, to each record holder. Individual choices would
have to be entered onto each record and the returned items would
need to be microfilmed as part of the permanent record.
Legal
Services would be affected regarding documentation and possible
litigation related to the implementation of this bill and would
be required to create rules concerning use of information in
marketing and surveys by January 1, 1998.
Though not specifically
stated in the bill, there is a presumption that an individual
would have to be afforded some opportunity and method to change
the decision originally made. Therefore, there would be some
continuing costs.
During Fiscal Year 1996, the Department
of Public Safety generated $41,276,948 in revenue raised through
the sale of information from the affected records. Because
many individuals could be expected to choose to withhold personal
information, interest in obtaining DPS records for some commercial
purposes is expected to decline. Eventually, some loss of revenue
is possible due to the provisions of the bill.
The Texas
Department of Transportation maintains records on 15 million
registered vehicles. For purposes of estimating the fiscal
impact of this bill, it is estimated that 25% of the estimated
15 million registered vehicles, or 3,750,000, will request their
personal information not be disclosed. It is also assumed that
a majority of persons who choose that their personal information
not be disclosed will choose to withhold personal information
for both the release of information for bulk/commercial requests
and individual requests.
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 State Highway Fund Employees from
Highway Fund FY 1997
0006 0006
1998 ($12,189,752) $840,000 23.0
1998 (789,429) 882,000 19.0
2000 (802,177) 924,000 19.0
2001 (802,177) 966,000 19.0
2002 (802,177) 1,008,000 19.0
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 $0
1999 0
2000 0
2001 0
2002 0
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
No fiscal implication to units of local government is anticipated.
Source: Agencies: 405 Department of Public Safety
601 Department of Transportation
LBB Staff: JK ,JD ,GG ,RS