LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 19, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB89 by Nelson (Relating to the creation of the offense of possessing an alcoholic beverage in a motor vehicle and to the civil and criminal consequences of operating a motor vehicle while intoxicated.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB89, As Engrossed: negative impact of $(772,091) 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 $(644,824) * * 2003 (127,267) * * 2004 (127,267) * * 2005 (134,594) * * 2006 (134,594) * **************************************************** 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 $(426,200) $(218,624) 3.0 * * 2003 20,800 (148,067) 3.0 * * 2004 20,800 (148,067) 3.0 * * 2005 20,800 (155,394) 3.0 * * 2006 20,800 (155,394) 3.0 * ************************************************************************** Technology Impact Technology Impact It is estimated that the technology impact of the bill would be $95,948 in fiscal year 2002 only. Implementing the bill would cost $63,360 in contract programming costs for the Department of Public Safety (DPS) to implement the new license plate and registration suspension transactions in the driver's license history data base, and $32,588 for computer hardware and software for the additional personnel. Fiscal Analysis The bill would amend the Penal Code to create a Class C misdemeanor for possessing an open alcoholic beverage container in the passenger area of a motor vehicle located on a public highway. The bill would require deep-lung ignition interlock devices be installed on all vehicles owned and operated by a person convicted of a subsequent driving while intoxicated (DWI) offense within five years of the most recent preceding DWI conviction. The bill would increase the license suspension period from 180 days to one year. The bill would increase the mandatory jail time for subsequent DWI convictions from three to five days. Finally, the bill would partially implement PSC - 7 of the Comptrollers e-Texas report. The bill would take effect September 1, 2001. Methodology DPS estimates that it will require three additional personnel to handle the regulatory oversight of the ignition interlock devices. The agency estimates the salaries of these personnel would total approximately $92,000 in fiscal year 2002 increasing to $101,000 by fiscal year 2006. Related employee benefits are estimated to be approximately $27,000 each year. These employees would require an additional $25,000 each year in travel and other operating expenses. There would be several one-time costs in fiscal year 2002 related to personnel training ($6,250), contract programming ($63,360), and additional computer equipment for the new employees ($5,442). DPS estimates that the demand for ignition interlock devices would bring an additional 26 vendors that the agency is required to audit. The vendors pay an inspection fee to the state of $400 and DPS would inspect each vendor twice a year thereby generating an additional $20,800 in revenue each year. The Comptroller's Office estimates that extending the driver's license suspension period to one year would cause a one-time delay in license reinstatement fee collections resulting in a revenue loss of $447,000 in fiscal year 2002. The bill would partially bring Texas into compliance with the federal Transportation Equity Act for the 21st Century (TEA-21). The Texas Department of Transportation (TXDOT) notes that failure to comply with TEA-21 will result in the transference of 1.5 percent of Texas' highway construction funds into safety and hazard elimination programs in 2002, and 3 percent in subsequent years. This amount is estimated by TXDOT to be $43 million in fiscal year 2002 and $85 million in subsequent years. Local Government Impact The Comptroller's Office has estimated that increasing the minimum number of days of incarceration from three to five would cost local governments $613,000 each fiscal year. Source Agencies: 405 Texas Department of Public Safety, 304 Comptroller of Public Accounts LBB Staff: JK, JC, JN, DG