LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session May 17, 1999 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB1774 by Zaffirini (Relating to the suspension of a person's driver's license following the person's arrest for certain intoxication offenses and to certain procedures related to that suspension.), Committee Report 2nd House, as amended ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB1774, Committee Report 2nd House, as amended: positive impact * * of $637,446 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 $(918) * * 2001 638,364 * * 2002 638,364 * * 2003 638,364 * * 2004 638,364 * **************************************************** 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 $(3,174,083) $3,173,165 62.0 * * 2001 (2,534,801) 3,173,165 62.0 * * 2002 (2,534,801) 3,173,165 62.0 * * 2003 (2,534,801) 3,173,165 62.0 * * 2004 (2,534,801) 3,173,165 62.0 * ************************************************************************** Technology Impact The technology impact for the bill is estimated to be $886,988 in FY2000 and $184,698 for each year thereafter. Fiscal Analysis The bill would amend the Transportation Code to extend the periods of suspension for the offense of Driving While Intoxicated (DWI). Failure of a breath test with one or more previous alcohol or drug-related offenses within a ten year period from the point of arrest (up from 5 years under current law), would result in an extended suspension period of six months. Refusal to take a breath test would result in an extended suspension period of six months. The bill would require the arresting officer in a DWI case to send to the custody of the Department of Public Safety (DPS) additional information pertaining to the details of the arrest. The bill would allow a licensee who is subject to an Administrative License Revocation (ALR) sanction to make (at the time of the ALR hearing) a written request for and to automatically receive an occupational driver's license. The bill would also increase the cost of an occupational license issued to a person suspended for DWI or ALR related circumstances from $10 to $125. Methodology The Department's Information Management Service (IMS) would incur an estimated $422,400 in costs to provide programming for a new database to track the status of licenses that are forwarded to DPS; to ensure data exchange capability between the new database and the Driver's License Host System; and to account for the new driver's license suspension periods. IMS would need two additional programmers and one database administrator to assist in carrying out these functions. The Department's Safety Responsibility Bureau (SRB) would be required to receive, store and evaluate the status on an estimated 100,000 driver's licenses each year that DPS would receive from law enforcement officers. SRB would need 6 employees plus an estimated $162,402 in capital and operating expenses to handle the additional workload. It is anticipated that the bill would result in a substantial increase in workload on the Department s ALR Service and Driver Improvement and Control Bureau (DIC) due to the bill s authorization of an automatic occupational license. In Fiscal Year 1998, of the 90,766 persons affected by ALR actions, only 14,394 (15%) requested hearings. Assuming that an additional 25% (22,692) of total persons affected would request a hearing in order to receive the automatic occupational license, the Department s ALR Service would need 20 Attorney III's, 1 Attorney IV, 4 program administrators and 5 legal secretaries to handle the additional workload. To support ALR with scheduling, coordinating, and recording the new hearings, DIC would need 17 additional Administrative Technicians and 1 Clerical Supervisor . The bill would generate revenue. The bill would raise the price for an occupational license from $10 to $125. It is expected that the number of applications for these licenses would increase because of the bill's extended driver's license suspension periods (resulting in an estimated 12.5% increase in occupational license requests) and the bill's automatic occupational license provision. Historically, the Department has been successful in 80% of the ALR hearings (80% of 22,692 equals 18,153). In 1997 the Department issued 6,921 occupational licenses (12.5% of 6,921 equals 865). Therefore, it is estimated that the Department could issue 19,018 additional DWI or ALR related occupational licenses each year for a revenue increase of $3,173,165, annually. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JK, MD