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 ************************************************************************** * 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. * ************************************************************************** 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: ************************************************************************** *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 * ************************************************************************** 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