LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 12, 2001
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        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 Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB63, As Introduced:  negative impact of $(1,658,265) 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                         $(1,072,917)  *
          *       2003                            (585,348)  *
          *       2004                            (585,348)  *
          *       2005                            (585,348)  *
          *       2006                            (585,348)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal    Probable Savings/(Cost) from     Change in Number of State     *
* Year         General Revenue Fund           Employees from FY 2001      *
*                      0001                                               *
*  2002                      $(1,072,917)                            13.0 *
*  2003                         (585,348)                            13.0 *
*  2004                         (585,348)                            13.0 *
*  2005                         (585,348)                            13.0 *
*  2006                         (585,348)                            13.0 *
***************************************************************************
  
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.
  
  
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.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   405   Texas Department of Public Safety
LBB Staff:         JK, JC, JN, DG