LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 5, 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.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB5, As Introduced: 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: 517 Texas Commission on Alcohol and Drug Abuse, 405 Texas Department of Public Safety, 304 Comptroller of Public Accounts LBB Staff: JK, JC, JN, DG