LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 20, 2001
  
  
          TO:  Honorable Bob Turner, Chair, House Committee on Public
               Safety
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB503  by Pickett (relating to allowing peace officers to
               enforce commercial vehicle safety standards.), Committee
               Report 1st House, Substituted
  
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*  No significant fiscal implication to the State is anticipated.        *
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Local Government Impact
  
The bill would allow a sheriff or deputy sheriff to become licensed by
the Department of Public Safety (DPS) to enforce commercial motor vehicle
safety standards.  In each fiscal year, a county would be allowed to
retain fines from the enforcement of motor carrier safety violations in
an amount not to exceed 110 percent of the county's actual expenses to
enforce these violations from the preceding fiscal year.  The county
would be required to send to the Comptroller of Public Accounts the
proceeds of all fines that exceed 110 percent of the enforcement costs.
The bill would become effective September 1, 2001.

In 1995, legislation provided that, in addition to DPS officers, officers
from certain municipalities could apply for certification to enforce
motor vehicle safety standards.  Currently, there are police officers in
16 cities participating in the program.  The cities may retain 110
percent of their costs of enforcement to administer this law, and any
fines in excess of 110 percent must be remitted to the Comptroller. Two
of the 16 participating cities provided information to the Comptroller on
their commercial motor carrier safety program:

The finance manager for the City of Pasadena reported that in fiscal year
1999 the costs of enforcement totaled $433,696, while their revenues
from the fine collections totaled $183,413 in fiscal year 2000.  The
manager reported that they have never reported excess fines to the
Comptroller since their participation in the program began in 1996.

The court administrator for the City of Houston reported that in fiscal
year 1999 their costs reached a total of almost $1.5 million, which
included computer equipment, inspection equipment, vehicles, salaries and
benefits, maintenance fuel, communication and supplies.  The revenue
collected for the first three quarters in fiscal year 2000 was $148,780.
He also reported that fines have never exceeded their costs of
enforcement since they began participating in the program in 1995.    

Based on the information received from two of the sixteen participating
cities, the costs of enforcement would likely exceed revenue generated
from fines from commercial motor carrier violations.  Fine revenue and
enforcement costs would vary by city.

For sheriff's departments that do not already have officers trained and
certified in the enforcement of commercial vehicle safety standards,
initial implementation of the program would include the cost of having
officers trained and certified, plus any costs incurred if additional
officers were to be hired for this program.  Training costs per officer
include $8 per day for room and board at the DPS Training Academy, $2.50
per day for training materials, and $25 per test.  The total for the
complete training and certification is $340 per officer, plus any other
out of town travel expenses that may apply.
  
  
Source Agencies:   405   Texas Department of Public Safety, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, JC, DG, DB