LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
 
May 21, 2009

TO:
Honorable David Dewhurst, Lieutenant Governor, Senate
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB328 by Carona (Relating to the civil and criminal consequences of operating a motor vehicle or a watercraft while intoxicated or under the influence of alcohol. ), As Passed 2nd House

No significant fiscal implication to the State is anticipated.

The bill would amend the Alcoholic Beverage Code, Chapter 106 and Transportation Code, Chapter 524 to include the operation of a watercraft while intoxicated or under the influence of alcohol to the driver license suspension statutes related to driving under the influence by a minor.  The bill would also amend the Transportation Code to add to the circumstances under which a peace officer would be authorized to take a specimen of a person's breath or blood.  Additionally, the bill would amend the Transportation Code and the Code of Criminal Procedure regarding procedures for drawing a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances as those procedures affect law enforcement and certain medical personnel.  The bill would also amend the Transportation Code to require that persons convicted of certain offenses related to the operation of a motor vehicle while intoxicated must maintain increased liability insurance coverage, in addition to the minimum coverage required by the State.  The bill would amend the Code of Criminal Procedure to increase the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.  In consultation with the Comptroller of Public Accounts and the Department of Public Safety, it was determined that the fiscal impact associated with changing the reinstatement fee would not be significant.  Additionally, this analysis assumes that implementing the provisions of the bill would not pose a significant fiscal impact to the State.  The bill would take effect on September 1, 2009.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff:
JOB, ESi, GG, MWU