LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session May 12, 1999 TO: Honorable Ken Armbrister, Chair, Senate Committee on Criminal Justice 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 Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB128, 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 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 No significant fiscal implication to units of local government is anticipated. Source Agencies: 405 Dept Of Public Safety, 601 Dept Of Transportation, 304 Comptroller Of Pub Accts LBB Staff: JK, MD