LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 12, 1999
  
  
          TO:  Honorable Bob Turner, Chair, House Committee on Public
               Safety
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3641  by Turner, Bob (Relating to license denial,
               suspension, or revocation.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3641, As Introduced:  positive impact of $664,400 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                             $279,400  *
          *       2001                              385,000  *
          *       2002                              385,000  *
          *       2003                              385,000  *
          *       2004                              385,000  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
**************************************************************************
*Fiscal    Probable Revenue     Probable Revenue         Probable        *
* Year     Gain/(Loss) from     Gain/(Loss) from    Savings/(Cost) from  *
*        General Revenue Fund  State Highway Fund  General Revenue Fund  *
*                0001                 0006                 0001          *
*  2000               $385,000             $280,000           $(105,600) *
*  2001                385,000              280,000                    0 *
*  2002                385,000              280,000                    0 *
*  2003                385,000              280,000                    0 *
*  2004                385,000              280,000                    0 *
**************************************************************************
  
Technology Impact
  
The Technology Impact for the bill is estimated to be $105,600 for Fiscal
Year 2000.
  
  
Fiscal Analysis
  
The bill would amend the Transportation Code as it relates to the denial,
suspension, or revocation of a driver's license.

The bill would require the Department of Public Safety (DPS) to send
notification of a driver's license suspension or revocation by first
class mail.  Notification would be considered to be received by the fifth
day after mailing.  A person so notified would have 15 days following
receipt to request a hearing.

Failure to request a hearing or failure to do so in a timely manner would
result in a 90 day license suspension effective 40 days after the date
the person would be considered to have received notice.

All hearing requests would be subject to a $50 data processing fee.
  
  
Methodology
  
The Department's Information Management Service would incur contract
programming costs of $105,600 to  modify existing programs regarding
notification of persons subject to suspension or revocation action by the
Department.  DPS staff would absorb on-going maintenance of the program.

In Fiscal Year 1998, the Department scheduled 28,000 administrative
hearings of the type addressed by the bill.  There was a 25 percent
suspension/revocation rate for those hearings.  DPS estimates that under
the provisions of the bill, fewer hearings and more
suspension/revocations would occur.  DPS expects that 20 percent (5,600)
of the licensees would request a hearing, resulting in 22,400
suspension/revocation actions.  For each of those suspension/revocation
actions, a reinstatement fee of $50 would be required for compliance.
Currently, the compliance rate in suspension/revocation cases is
approximately 50 percent and produces approximately $175,000 for the
General Revenue Fund.  If the 50 percent compliance rate continues, an
additional $385,000 would be generated, annually.

The new $50 data processing fee from each of the estimated 5,600 hearing
requests could provide additional revenue of as much as $280,000 per
year.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   360   State Office of Administrative Hearings, 601
                   Department of Transportation, 405   Department of
                   Public Safety, 304   Comptroller of Public Accounts
LBB Staff:         JK, MD