LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 3, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB2387 by Dunnam (Relating to procedures involved in
certain intoxication offenses.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB2387, As Introduced: negative impact of $(571,690) 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 $(353,269) *
* 2003 (218,421) *
* 2004 (218,421) *
* 2005 (230,613) *
* 2006 (230,613) *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 2001 *
* 0001 *
* 2002 $(353,269) 4.0 *
* 2003 (218,421) 4.0 *
* 2004 (218,421) 4.0 *
* 2005 (230,613) 4.0 *
* 2006 (230,613) 4.0 *
***************************************************************************
Fiscal Analysis
The bill would move appeals relating to certain intoxication offenses
from being under Administrative License Revocation (ALR) actions to being
under the Texas Rules of Appellate Procedure. The bill would increase
the information that must be provided to a requesting person who has
given a specimen to include "any software used and other technical data
in the possession of the state" and requires that a copy of any audio or
video recording made at the scene of the arrest be promptly submitted to
the prosecuting agency.
The bill would take effect September 1, 2001.
Methodology
The Department of Public Safety (DPS) reports that the bill would require
technical supervisors from the Breath Alcohol Testing Bureau (BATB) to
attend all ALR "failure" hearings to prove that the person's alcohol
concentration was reliably established. Currently, technical supervisors
attend only about ten percent of those hearings, with the remainder
being handled by means of certification affidavits. DPS estimates that
implementing provisions of the bill would increase the workload in BATB
by 87 workdays per month. To offset that increase BATB would need an
additional four FTEs (technical supervisors/criminalists) and the
additional vehicles, equipment, and office space needed to perform those
functions.
Salaries for the additional personnel is estimated to be $142,320 in
fiscal year 2002 rising to $160,752 by fiscal year 2006. Associated
personnel benefits is estimated to be $40,248 in fiscal year 2002 rising
to $45,461 by fiscal year 2006. Annual operating expenses are estimated
to be $19,600 each fiscal year with travel necessitating an additional
$4,800 each year. Finally there would be one time costs associated with
vehicles and equipment ($134,194) and computer purchases ($12,107) that
would occur in fiscal year 2002.
Local Government Impact
The Texas Police Chief's Association (TPCA) indicated the bill would not
have a significant impact on local government. Currently, most
municipal and county law enforcement vehicles are not equipped with
video and audio capability. TPCA indicated that processing the video
and audio tapes for the prosecuting attorney would have a fiscal impact
($12-$15 per arrest), however, they did not estimate that the majority
of cases would require processing a video or audio tape.
Source Agencies: 213 Office of the State Prosecuting Attorney, 405
Texas Department of Public Safety
LBB Staff: JK, JC, JN, DG, DW, DB