LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session May 21, 1999 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB128 by Nelson (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 Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB128, As Engrossed: positive impact of $606,832 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 $171,357 * * 2001 435,475 * * 2002 435,475 * * 2003 435,475 * * 2004 435,475 * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *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 $(448,643) $620,000 5.0 * * 2001 (184,525) 620,000 5.0 * * 2002 (184,525) 620,000 5.0 * * 2003 (184,525) 620,000 5.0 * * 2004 (184,525) 620,000 5.0 * ************************************************************************** Technology Impact It is estimated that the Technology Impact for the bill would be $448,643 for fiscal year 2000 and $184,525 for each year thereafter. Fiscal Analysis The bill would amend various portions of Texas statutes regarding the civil and criminal consequences of consuming and possessing alcoholic beverages in a motor vehicle or operating a motor vehicle while intoxicated. The bill would create a new 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. Under the bill, Chapter 521 of the Transportation Code (TRC) would be amended to expand certain driver s license suspension provisions to include intoxication by substances other than alcohol and to increase the driver s license suspension period for subsequent DWI or Intoxication Manslaughter convictions. The bill would also require the Department to suspend the vehicle registration of persons convicted of subsequent DWI and create a new criminal offenses (Class B misdemeanor) for operating or allowing the operation of a vehicle whose registration has been suspended or for failure to surrender vehicle registration receipts and plates to DPS. The bill would create a completely new reinstatement fee of $50 that is separate from the existing Safety Responsibility Act. Methodology The Department's Safety Responsibility Bureau (SR) would have a completely new type of suspension action to handle. SR would have to receive forwarded vehicle registration receipts and license plates, process additional reinstatement cases and correspond with those affected by the bill, necessitating 4 additional employees. The Department's Information Management Service (IMS) would need to update computer codes and programming related to new minimum suspension periods for certain DWI-related convictions. In addition, the bill would require the Department to modify existing computer applications to provide information regarding the registration suspensions as affected individuals would attempt to have those suspensions lifted. To accomplish these modifications, IMS would incur contract programming cost at an estimated $241,920 and require one Programmer V. It is estimated that passage of the bill would affect approximately 12,400 persons annually and generate some $620,000 in reinstatement fees per year ($50 X 12,400). The bill 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 Units of local government could receive additional revenues from fines related to convictions for the new offenses provided by the bill. Source Agencies: 405 Department of Public Safety, 601 Department of Transportation LBB Staff: JK, MD