LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 11, 2001
TO: Honorable Kenneth Armbrister, Chair, Senate Committee on
Criminal Justice
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB63 by Wolens (Relating to the suspension of a person's
driver's license following the person's arrest for
certain intoxication offenses.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB63, As Engrossed: positive impact of $2,091,735 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. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $802,083 *
* 2003 1,289,652 *
* 2004 1,289,652 *
* 2005 1,289,652 *
* 2006 1,289,652 *
****************************************************
All Funds, Five-Year Impact:
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*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 $1,875,000 $(1,072,917) 13.0 *
* 2003 1,875,000 (585,348) 13.0 *
* 2004 1,875,000 (585,348) 13.0 *
* 2005 1,875,000 (585,348) 13.0 *
* 2006 1,875,000 (585,348) 13.0 *
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The table shows a revenue gain which is also represented on Senate Bill
1033. The 2002-03 General Appropriations Act currently has a
contingency rider for HB1618 (companion to SB1033) in the bill pattern
of the State Office of Administrative Hearings (SOAH) which would
appropriate to SOAH $553,240 during the 2002-03 biennium. Thus, should
HB69 and the General Appropriations Act both be enacted in current form,
the true positive impact from the new revenue would be $1,538,495
through the biennium ending August 31, 2001.
Technology Impact
Implementing provisions of this bill would require an estimated 2,112
hours of contract programming to change current Department of Public
Safety (DPS) systems as well as to create a new database to track
driver's license status received under provisions of this bill. New
computer hardware and software purchases would be needed for the
additional personnel that implementation of this bill would require.
Fiscal Analysis
The bill expands the definition of driver's license to include commercial
driver's license and commercial driver's license permits. The bill
requires the arresting officer under certain circumstances to a) take
possession of the driver's license, b) issue a temporary permit, c)
withhold a temporary permit for the operation of a commercial vehicle,
and d) forward to DPS copies of the license taken and the permit issued.
The bill would require DPS to develop the temporary driving permits to be
used by all state and local law enforcement agencies. The bill would
also require DPS to notify the individual of a request for hearing on
the suspension of that individual's license before the temporary permit
expires. Finally, the bill would place requirements on DPS regarding an
administrative hearing in which the administrative law judge does not
find in the affirmative.
The bill would increase the reinstatement fee for a suspended or denied
driver's license from $100 to $125.
The bill would take effect September 1, 2001.
Methodology
DPS estimates that 90,000 licenses would be received each year from law
enforcement officers. These licenses would need to be received, stored
and evaluated prior to the actual suspension of the license in order to
implement the provisions of this bill. Additionally, there is the
expectation that the increased suspension periods would generate
significantly more "occupational license" requests so that those
licensees could continue to drive for occupational purposes. It is
estimated that 12 employees, mainly clerks and administrative
technicians, would be required for the handling, storing, data entry and
notifications. It is estimated that DPS would need one additional
programmer to maintain the license tracking system.
Total salary costs for the employees is estimated to be $319,281 with an
additional $90,292 in associated employee benefits. Other operating
costs are estimated to be $65,403 each fiscal year. Finally, there
would be annual costs of $110,372 related to postage, office supplies,
and printer toner cartridges. Technology purchases including contract
programming costs would cost $487,569 in fiscal year 2002 only.
Using data from fiscal year 2000 license suspensions, the Comptroller's
Office estimates that the bill would generate $1,875,000 each fiscal
year in additional revenue. It is also assumed that the number of
individuals that would pay this fee would remain constant.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 405 Texas Department of Public Safety, 304
Comptroller of Public Accounts
LBB Staff: JK, JC, JN, DG