LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION
 
March 14, 2005

TO:
Honorable Joe Driver, Chair, House Committee on Law Enforcement
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB1378 by Jones, Jesse (Relating to the fee for reinstatement or issuance of a driver's license following a license suspension or denial for failure to pass a test for intoxication.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB1378, As Introduced: an impact of $0 through the biennium ending August 31, 2007.

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
2006 $0
2007 $0
2008 $0
2009 $0
2010 $0




Fiscal Year Probable Revenue Gain/(Loss) from
TEXAS MOBILITY FUND
365
2006 $207,045
2007 $207,045
2008 $207,045
2009 $207,045
2010 $207,045

Fiscal Analysis

The bill would increase the fee for reinstatement or issuance of a driver's license following a license suspension or denial for failure to pass a test for intoxication from $125 to $140, in addition to any other fee required by law. If the person was arrested in a county that maintains a certified breath alcohol testing program but does not use the services of a certified technical supervisor employed by the Department of Public Safety (DPS), the bill would require DPS to remit $15 to the treasurer of the county. The $15 would be used to defray the costs incurred for the use of the services of a certified technical supervisor employed by the county. 

The bill would take effect September 1, 2005, and would only apply to the reinstatement or issuance of a driver's license applied for on or after September 1, 2005.


Methodology

The Department of Public Safety (DPS) estimates 53,738 annual suspensions with 32,824 (61 percent) occurring in the 21 counties that maintain a certified breath alcohol-testing program that do not use the services of a certified technical supervisor employed by the department. The difference equals the number of cases with potential revenue to the state (53,738 - 32,824 = 20,914). DPS estimates the payment compliance rate at 66 percent. Based on a 66 percent payment compliance rate, 13,803 individuals would submit the $140 reinstatement fee. Thus, the potential revenue gain by the state would be $207,045 ($15 x 13,803) annually deposited to the credit of the Texas Mobility Fund.

Local Government Impact

The bill would result in a revenue gain for the 21 counties that maintain a certified breath alcohol-testing program but do not use the services of a certified technical supervisor employed by the Department of Public Safety. The estimated revenue gain for the designated counties is $324,960 for fiscal years 2006 through 2010 (32,824 cases x 66 percent payment compliance x $15). The designated counties are: Aransas, Bexar, Cameron, Collin, Dallas, Denton, Ector, El Paso, Harris, Hidalgo, Howard, Jefferson, Midland, Nueces, Parker, San Patricio, Starr, Tarrant, Taylor, Travis, and Willacy.


Source Agencies:
304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff:
JOB, KJG, SR, VDS, SJ