TO: | Honorable Joe Driver, Chair, House Committee on Law Enforcement |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | HB2553 by Driver (Relating to certain records kept by the Department of Public Safety involving the holder of a driver's license.), Committee Report 1st House, Substituted |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2004 | $459,920 |
2005 | $162,500 |
2006 | $162,500 |
2007 | $162,500 |
2008 | $162,500 |
Fiscal Year | Probable (Cost) from GENERAL REVENUE FUND 1 |
Probable Revenue Gain from GENERAL REVENUE FUND 1 |
---|---|---|
2004 | ($190,080) | $650,000 |
2005 | $0 | $162,500 |
2006 | $0 | $162,500 |
2007 | $0 | $162,500 |
2008 | $0 | $162,500 |
Commercial driver's license holders are required to have their driving history checked once every twelve months. There are approximately 650,000 commercial driver's license (CDL) operators in Texas. The bill provides an option for an employer to obtain a five-year driver record instead of a three-year record for an additional $1. This may result in revenue gain of $650,000 (650,000 X $1) in the first year (2004). Although CDL driving records are required annually, it is assumed that there would be a 75% decline in the number of five-year driver records in subsequent years since employers would already have the preceeding four years of an employees driving records. As a result, fiscal years 2005 through 2008 revenue gain is calculated at $162,500 (650,000 multiplied by 25% multiplied by $1). Contract programming services will be required for modifications to the on-line, batch, and e-commerce portions of the Driver License System, which would enable the preparation of the required abstracts, provide for their delivery by various means, accept the associated fees and properly account for the funds, and modify the Driver License history to accept the new history code(s). These one-time costs are estimated at $190,080 in fiscal year 2004 (1,584 hours at $120 per hour).
The Department of Public Safety reports that the bill would conflict with federal statute by allowing the release of certain types of information. Federal statute, 49 CFR 382.405, Int. #5, mandates that the only agencies that may have access to the records without the consent of the employee, are those agencies that have regulatory authority over a motor carrier's drug testing program. The bill could result in the loss of Federal Motor Carrier Safety Grant funds or the loss of all federal funding for the agency ($195,000,000 in 2002).
Source Agencies: | 405 Department of Public Safety
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LBB Staff: | JK, WK, VDS, AR
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