LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION
 
April 14, 2003

TO:
Honorable Joe Driver, Chair, House Committee on Law Enforcement
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
HB2078 by Driver (Relating to court-ordered driving safety courses; providing a penalty.), Committee Report 1st House, Substituted



Estimated Two-year Net Impact to General Revenue Related Funds for HB2078, Committee Report 1st House, Substituted: a positive impact of $12,988,895 through the biennium ending August 31, 2005.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2004 $6,431,886
2005 $6,557,009
2006 $6,557,009
2007 $6,557,009
2008 $6,557,009




Fiscal Year Probable (Cost) from
GENERAL REVENUE FUND
1 		Probable Revenue Gain from
GENERAL REVENUE FUND
1 		Change in Number of State Employees from FY 2003
2004 ($395,088) $6,826,974 8.0
2005 ($269,965) $6,826,974 8.0
2006 ($269,965) $6,826,974 8.0
2007 ($269,965) $6,826,974 8.0
2008 ($269,965) $6,826,974 8.0

Fiscal Analysis

The bill would amend the Penal Code as it relates to court-ordered driving safety courses by requiring a person to complete a driver safety course for various moving violation offenses.  It further requires the Department of Public Safety (DPS) to suspend the person’s driver license for a period not to exceed 90 days if the person fails to submit evidence they completed the court-ordered driver safety course within the time required by the court.  The bill also provides for a fee for the suspension.  Additionally, the bill provides for the suspension of licenses for driving without a license.

Methodology

The Department of Public Safety reports there were 368,376 convictions for the type of offenses listed in the bill in FY 2002.  In order to determine the potential number of license suspensions, the DPS Driver Improvement Bureau (DIB) compared the total number of zero tolerance convictions (23,101 for FY 2002), which require the completion of an alcohol awareness course, to the number of suspensions ordered for not completing the alcohol awareness course (6,288 for FY 2002) and arrived at a 27% non-compliance rate.  This percentage (27%) was applied to the 368,376 convictions received in FY 2002, resulting in 99,462 potential license suspensions for failing to complete the court-ordered driver safety course.  Additionally, the bill provides for the suspension of licenses for driving without a license which is estimated to result in 3,978 suspensions for a grand total of 103,439 suspensions per year.  DPS estimates a 66% compliance rate with suspension requirements and payment of fee which would generate $6,826,974 per year (total suspensions 103,439 multiplied by the compliance rate (66%) multiplied by $100 fee).

 

To process the anticipated suspension orders, DPS indicates a need for an additional 8 FTEs ($229,363 per year in salaries, wages, and benefits) with annual operating costs of $40,602.  Associated first-year costs are estimated at $40,643.  The FTEs would process documents through the DIB imaging system and perform clerical duties.  Additionally,  the agency's batch driver license system would require programming to accommodate the new transactions at an estimated cost of $84,480.


Technology

Technology costs total $84,480 for programming.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
405 Department of Public Safety, 454 Department of Insurance
LBB Staff:
JK, WP, WK, VDS, AR