LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 14, 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.), Committee Report 1st House,
Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB128, Committee Report 1st House, Substituted: 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. *
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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:
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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 $(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 *
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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