LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 25, 2009

TO:	Honorable Tommy Merritt, Chair, House Committee on Public Safety
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB1499 by King, Tracy O. (Relating to the installation and disabling or removal of an ignition interlock device.), As Introduced

The probable impact of implementing the bill cannot be determined due to the unavailability of reliable data or information related to the number of persons who would seek to have the Department of Public Safety remove an interlock ignition device rather than request the service from a private vendor.

The bill would amend the Code of Criminal Procedure to require that a person required to have an ignition interlock device (IID) installed on a vehicle must do so within three business days of the date that the defendant is released on bond or convicted.  Additionally, the bill would amend the Transportation Code to require that an ignition interlock device be installed within three business days after the date that a person's occupational license takes effect.

The bill would amend Subtitle J, Title 7, Transportation Code by adding Chapter 731, which would establish a procedure whereby a person may have an ignition interlock device removed by the Department of Public Safety (DPS) or a private vendor after his or her driving restriction is removed.  To have the device disabled or removed by DPS, the person would be required to submit a written request to DPS or a copy of the court order.  The bill would allow DPS to collect a reasonable fee for the disabling or removal of the device.

The changes in law made by the bill would apply only to a court order entered on or after the effective date of the bill.  The bill would take effect September 1, 2009. 

DPS indicates that the bill could have a significant fiscal and operational impact on the Vehicle Inspection (VI) program, as the VI program does not currently employ personnel with the specialized knowledge necessary or own the specific equipment and tools required to remove an IID.  DPS reports that approximately 20,000 IIDs were installed and an estimated 13,318 devices were removed in fiscal year 2008.  However, the percentage of defendants who would request the service from DPS rather than a private vendor cannot be reliably estimated at this time, and therefore the fiscal and operational impact of the bill cannot be determined.

Local Government Impact

Under current law, a magistrate must require a defendant to have an ignition interlock device installed on the appropriate vehicle at the defendant's expense by the Department of Public Safety. The bill would require that the device be installed, not later than the third business day after the defendant is released on bond. The costs associated with implementing the provisions of the bill are not anticipated to be significant.

Source Agencies:

405 Department of Public Safety, 696 Department of Criminal Justice

LBB Staff:

JOB, ESi, GG, LG, MWU, TP