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 ************************************************************************** * 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. * ************************************************************************** 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: *************************************************************************** *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 * *************************************************************************** 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