LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

May 18, 2009

TO:	Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB55 by Branch (Relating to an offense of using a wireless communication device while operating a motor vehicle.), As Engrossed

No significant fiscal implication to the State is anticipated.

The bill would amend the Transportation Code to prohibit an operator of a motor vehicle from using a wireless communication device while operating a motor vehicle within a school crossing zone unless the vehicle is stopped or the wireless device is used with a hands-free device. An exception to the use of a wireless communication device in a school zone would be allowed for making an emergency call to certain entities and would not apply to certain entities. An offense would be a misdemeanor punishable by a fine of not more than $25 for the first offense and not more than $50 for each subsequent offense.

A municipality, county, or other political subdivision that enforces the applicable section of the Transportation Code would be required to post a sign at the entrance to each school crossing zone within the entity's jurisdiction. The Department of Public Safety would be required to adopt standards related to the signs.

The change in law would apply only to an offense committed on or after the effective date of the bill, which would take effect on September 1, 2009.

It is anticipated that any costs associated with enforcement would be absorbed using existing
resources.

Local Government Impact

A municipality, county, or other political subdivision would incur costs for purchasing and posting signs at all school crossing zones. According to information obtained from the Texas Department of Transportation, the cost of a small mounted sign is between $450 and $650. The total cost for each affected unit of local government would depend on the standards established for the size and type of sign and the number of school crossing zones within each municipality, county, or other political subdivision.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JOB, KJG, DB