LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 23, 2009

TO:	Honorable Tommy Merritt, Chair, House Committee on Public Safety
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB823 by Turner, Sylvester (Relating to the authority of a peace officer to take a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances.), As Introduced

No fiscal implication to the State is anticipated.

The bill would prohibit a peace officer from taking a blood specimen from an operator of a motor vehicle even if the officer is otherwise an authorized person (physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse) under Section 724.017, Transportation Code, to take blood.

Local Government Impact

If a law enforcement agency does not use peace officers to take blood, the provisions of the bill would have no fiscal impact.

If a law enforcement agency is currently using a peace officer who is an authorized person to take blood to obtain blood specimens from a vehicle operator, the agency would have to discontinue the practice and instead pay for the services of a non-peace officer who is authorized to take blood. The resulting costs would vary by agency and would depend on how frequently circumstances lead to taking blood from a driver. It is assumed that a law enforcement agency would utilize blood tests only if resources exist for doing so.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JOB, ESi, DB