LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 9, 2001
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB5  by Dunnam (relating to the deterrence of conduct
               involving the operation of a motor vehicle while under
               the influence of an alcoholic beverage; providing a
               penalty.), Committee Report 1st House, Substituted
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB5, Committee Report 1st House, Substituted:  negative impact of     *
*  $(772,091) through the biennium ending August 31, 2003.               *
*                                                                        *
*  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                *
          *       2002                           $(644,824)  *
          *       2003                            (127,267)  *
          *       2004                            (127,267)  *
          *       2005                            (134,594)  *
          *       2006                            (134,594)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
**************************************************************************
*Fiscal    Probable Revenue         Probable        Change in Number of  *
* Year     Gain/(Loss) from    Savings/(Cost) from State Employees from  *
*        General Revenue Fund General Revenue Fund        FY 2001        *
*                0001                 0001                               *
*  2002             $(426,200)           $(218,624)                  3.0 *
*  2003                 20,800            (148,067)                  3.0 *
*  2004                 20,800            (148,067)                  3.0 *
*  2005                 20,800            (155,394)                  3.0 *
*  2006                 20,800            (155,394)                  3.0 *
**************************************************************************
  
Technology Impact
  
The Department of Public Safety (DPS) estimates that contract programming
to modify the agency's systems would cost $63,360.  Additional computer
hardware and software for the new personnel would cost $5,442.
  
  
Fiscal Analysis
  
The bill would amend the Penal Code to require repeat driving while
intoxicated (DWI) offenders to install a deep-lung breath analysis device
on all vehicles owned or operated by the offender.  The devices would
remain on all vehicles until one year after the ending date of the
defendant's license suspension.

The bill would amend the Transportation Code to increase the length of a
driver's license suspension from 180 days to one year for drivers
convicted of a repeat DWI offense, or intoxication manslaughter, within
the previous five years; it would prohibit drivers from obtaining an
occupational license during the one year license suspension period.  The
minimum number of days of incarceration for second-time DWI offenders
would be increased from three to five.  The bill would partially
implement PSC-7 of the Comptroller's e-Texas report.

This bill would take effect September 1, 2001.
  
  
Methodology
  
DPS estimates that it will require three additional personnel to handle
the regulatory oversight of the ignition interlock devices.  The agency
estimates the salaries of these personnel would total approximately
$92,000 in fiscal year 2002 increasing to $101,000 by fiscal year 2006.
Related employee benefits are estimated to be approximately $27,000 each
year.  These employees would require an additional $25,000 each year in
travel and other operating expenses.  There would be several one-time
costs in fiscal year 2002 related to personnel training ($6,250),
contract programming ($63,360), and additional computer equipment for the
new employees ($5,442).  DPS estimates that the demand for ignition
interlock devices would bring an additional 26 vendors that the agency is
required to audit.  The vendors pay an inspection fee to the state of
$400 and DPS would inspect each vendor twice a year thereby generating an
additional $20,800 in revenue each year.

The Comptroller's Office estimates that extending the driver's license
suspension period to one year would cause a one-time delay in license
reinstatement fee collections resulting in a revenue loss of $447,000 in
fiscal year 2002.
  
  
Local Government Impact
  
The Comptroller's Office estimates that increasing the minimum number of
days of incarceration from three to five would cost local governments
$613,000 each fiscal year.
  
  
Source Agencies:   405   Texas Department of Public Safety, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, JC, DG