LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
March 13, 1999
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB487 by Hill (Relating to the civil and criminal
consequences of possessing or consuming an alcoholic
beverage in a motor vehicle or operating a motor vehicle
while intoxicated.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB487, As Introduced: negative impact of $(400,830) through the *
* biennium ending August 31, 2001. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(337,000) *
* 2001 (63,830) *
* 2002 (63,830) *
* 2003 (63,830) *
* 2004 (63,830) *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 1999 *
* 0001 *
* 2000 $(337,000) 1.0 *
* 2001 (63,830) 1.0 *
* 2002 (63,830) 1.0 *
* 2003 (63,830) 1.0 *
* 2004 (63,830) 1.0 *
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Technology Impact
It is estimated that the technology impact of HB487 would be $337,403 for
FY2000 and $63,830 for each year thereafter.
Fiscal Analysis
The bill would amend the Penal Code to create a Class C misdemeanor
offense for consuming an alcoholic beverage and possessing an open
alcoholic beverage container by the occupant of a motor vehicle on a
public highway or the right of way of a public highway. Chapter 521 of
the Transportation Code would be amended to expand driver's license
suspension provisions to include intoxication by substances other than
alcohol. The bill would also increase the driver's license suspension
period for subsequent DWI or Intoxication Manslaughter offenses. Section
42.12 of the Code of Criminal Procedure would be amended to eliminate
the authority of a convicting jury in DWI cases to recommend that the
defendant's license not be suspended and to prescribe minimum levels of
community service work that can be ordered by a judge after a conviction
for a subsequent DWI-related offense.
According to the Department of Transportation, if the bill's open
container provisions are not in place and enforced by October 1, 2000,
Texas could lose its ability to spend construction dollars on congestion
relief and mobility-type projects as planned, because approximately $20
million in federal highway dollars would be transferred annually to the
highway safety or hazard elimination programs in FY 2001 and FY 2002. On
October 1, 2002 and for each October 1 thereafter, the amount
transferred would increase to approximately $41 million if a state law
meeting the federal requirements is not in place and enforced. The same
requirements and appropriation amounts ($20 million in FY 2000 and in
2001, and $41 million thereafter) would apply to the bill's repeat DWI
offender provisions.
Methodology
DPS' Information Management Service would be required to update computer
codes and programs to account for the new minimum suspension periods
created by the bill.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies:
LBB Staff: JK, MD, MG