LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
Revision 1
May 23, 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.), Committee Report 2nd House,
Substituted
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB128, Committee Report 2nd House, Substituted: 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 for the bill 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. The bill would
amend the Transportation Code 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.
Methodology
The Department's Information Management Service would incur an estimeted
$268,800 in contract programming costs and need one additional progrmamer
to update computer codes and programs to account for the new minimum
suspension periods created by the bill.
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 Dept Of Public Safety, 601 Dept Of
Transportation, 304 Comptroller Of Pub Accts
LBB Staff: JK, MD