Austin, Texas
                                   FISCAL NOTE
                               75th Regular Session
                                  April 21, 1997
      TO: Honorable Kenneth Armbrister, Chair            IN RE:  Senate Bill No. 1069, Committee Report 1st House, Substituted
          Committee on State Affairs                              By: Moncrief
          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-Committee Report 1st House, Substituted
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 and 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.

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.  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.

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 that 
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      ($6,890,543)          $840,000              18.0                                    
       1998         (826,527)           882,000              18.0                                    
       2000         (800,184)           924,000              18.0                                    
       2001         (800,184)           966,000              18.0                                    
       2002         (800,184)         1,008,000              18.0                                    
         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
               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 significant fiscal implication to units of local government 
is anticipated.
   Source:            Agencies:   405   Department of Public Safety
                                         601   Department of Transportation
                      LBB Staff:   JK ,JD ,RS