LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
March 9, 2001
TO: Honorable Kenneth Armbrister, Chair, Senate Committee on
Criminal Justice
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB89 by Nelson (relating to possessing an alcoholic
beverage in a motor vehicle and to the civil and criminal
consequences of operating a motor vehicle while
intoxicated.), Committee Report 1st House, Substituted
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB89, Committee Report 1st House, Substituted: 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