LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 3, 1999
TO: Honorable Ron Wilson, Chair, House Committee on Licensing
& Administrative Procedures
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB3555 by Wilson (Relating to the regulation of the
manufacture, distribution, sale, use, possession, and
transportation of alcoholic beverages in the state;
providing a penalty.), Committee Report 1st House,
Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB3555, Committee Report 1st House, Substituted: negative impact *
* of $(558,102) 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 Net Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(558,102) *
* 2001 0 *
* 2002 0 *
* 2003 0 *
* 2004 0 *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Probable Revenue Change in Number of *
* Year Savings/(Cost) from Gain/(Loss) from State Employees from *
* General Revenue Fund General Revenue Fund FY 1999 *
* 0001 0001 *
* 2000 $(609,898) $51,796 1.0 *
* 2001 (51,796) 51,796 0.0 *
* 2002 (51,796) 51,796 0.0 *
* 2003 (51,796) 51,796 0.0 *
* 2004 (51,796) 51,796 0.0 *
**************************************************************************
Technology Impact
It is estimated that the Technology Impact for the bill would be $558,102
for fiscal year 2000.
Fiscal Analysis
Under the provisions of the bill, the Texas Alcoholic Beverage Commission
(TABC) would be required to verify that the holder of an expired or
suspended retail permit is not operating in violation of code. TABC
would also be required to notify wholesalers and distributors of expired
or suspended retail permits.
The bill would prohibit the Department of Public Safety (DPS) or any
political subdivision from collecting, compiling, or publishing data or
statistical information relating to violations of any penal law or
traffic offenses involving intoxication or drugs unless the accident or
offense is determined to be the proximate cause of the accident or
incident.
Methodology
Additional operating costs to TABC are determined by the number of
primary permits expiring or being suspended annually and the number of
wholesalers and distributors required to be notified under the bill.
Since TABC is required by statute to raise revenue equal to its
appropriation through surcharges on its permits and licenses, the bill
would also increase revenue in a like amount.
DPS's Information Management Service (IMS) would need to modify its
multiple host based programs and data collection systems that currently
support the capture of contributing factor data as determined by an
investigator. The Department would incur contract programming costs
estimated at $489,600 and require one additional programmer to carryout
the provisions of the bill.
The Highway Safety Act of 1966 requires each state to have a highway
safety program designed to reduce traffic accidents and deaths, injuries,
and property damage resulting from traffic accidents. Pursuant to this
Act, Texas must provide accident statistical data to the Federal Highway
Traffic Safety Administration for the Administration's Fatal Analysis
Reporting System. According to DPS, the bill would reduce the
Department s ability to statistically report accidents in which drugs or
alcohol were contributing factors and could potentially result in the
Department's non-compliance with the Highway Safety Act of 1966 and a
loss of $9.5 million, annually, in federal funds.
The bill also relates to one of two laws that must be in place by October
1, 2000 or Texas would stand to lose its ability to spend highway
construction dollars on congestion relief and mobility-type projects as
planned. For each of the fiscal years 2001 and 2002 that an open
container and repeat DWI offender law are not in place, approximately
$40 million in federal highway funding would be transferred to the
highway safety or hazard elimination programs. On October 1, 2002 and
for each year thereafter, the amount transferred would increase to $82
million.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 458 Alcoholic Beverage Commission, 304
Comptroller of Public Accounts
LBB Staff: JK, MD, TH, MG, JN