| TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | HB473 by Smith, Todd (Relating to the consequences of an arrest for or conviction of certain intoxication offenses and to fees associated with the enforcement and administration of certain of those consequences. ), Committee Report 1st House, Substituted |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2012 | $0 |
| 2013 | $0 |
| 2014 | $0 |
| 2015 | $0 |
| 2016 | $0 |
| Fiscal Year | Probable (Cost) from State Highway Fund 6 |
Probable (Cost) from Oper & Chauffeurs Lic Ac 99 |
Probable Revenue Gain from Texas Mobility Fund 365 |
Probable Revenue Gain from Appropriated Receipts 666 |
|---|---|---|---|---|
| 2012 | ($145,609) | ($1,109,732) | $240,720 | $1,290,492 |
| 2013 | ($134,354) | ($991,686) | $240,720 | $1,290,492 |
| 2014 | ($126,756) | ($989,604) | $240,720 | $1,290,492 |
| 2015 | ($129,295) | ($1,009,430) | $240,720 | $1,290,492 |
| 2016 | ($126,756) | ($989,604) | $240,720 | $1,290,492 |
| Fiscal Year | Change in Number of State Employees from FY 2011 |
|---|---|
| 2012 | 17.0 |
| 2013 | 17.0 |
| 2014 | 17.0 |
| 2015 | 17.0 |
| 2016 | 17.0 |
The bill would amend the Code of Criminal Procedure and Transportation Code to require a court when placing a person on community supervision for certain intoxication offenses to require the person to have an ignition interlock device placed on their vehicle or the vehicle they most often drive. The bill would remove from statute other procedures related to requiring a person placed on community supervision to have an ignition interlock device. The bill would shorten the time frame in which an order granting an occupational driver's license to a person whose driver's license has been suspended for certain intoxication offenses may take effect. The bill would require the Department of Public Safety to establish fees to offset certain costs of auditing and inspecting IIDs and the vendors that provide IIDs. The bill would take effect September 1, 2011.
The Department of Public Safety (DPS) estimates 24,072 persons were placed on community supervision for the intoxication offenses that would require an ignition interlock device (IID) under the provisions of the bill. Assuming the same number of persons would receive community supervision in future years, this would result in a gain to the Texas Mobility Fund of $240,720 each year because each person issued an IID would be required to pay a $10 fee to obtain a driver's license with an IID restriction.
The bill would require all offenders receiving community supervision for the applicable intoxication offenses to have an ignition interlock device (IID) placed on their vehicle. DPS is responsible for auditing and testing the entities who provide the IIDs throughout the state and issuing licenses for each IID. The increased demand for IIDs due to the provisions of the bill will likely require DPS to audit and test additional entities who provide IIDs. DPS will require additional full-time employees to process IID licenses and customer service inquiries. DPS assumes there will be a 25 percent increase in the entities who provide IIDs as a result of the provisions of the bill; DPS will also require additional FTEs to adequately inspect and audit the additional entities.
One additional Administrative Assistant IV would be required to process the additional IID licenses and one Customer Service Representative IV would be required to field the additional customer support expected. These full-time employees (FTEs) would be funded through the State Highway Fund. Thirteen additional Inspector IVs would be required to adequately inspect and audit the anticipated 25% growth in the number of IID providers, and one Program Specialist I would be required to supervise the additional Inspector IVs. One Accountant V will be required to provide accounting and various financial management issues for the additional employees. These FTEs would be funded through the Operator and Chauffeurs License Account. Additional expenses for the supplies and support of all the additional FTEs is also included in this analysis.
The bill requires DPS to establish fees to offset the associated costs of auditing and inspecting the IID devices and the vendors that provide IIDs. DPS indicates there were three IID device approvals in fiscal year 2010. This analysis assumes the revenue from fees associated with IID device approval would be insignificant. The bill also requires DPS to establish a yearly fee for manufacturers of IIDs. DPS indicates there are seven IID manufacturers in Texas, so this analysis assumes this revenue would also be insignificant. However, DPS estimates a 25 percent increase in the number of vendors who provide IIDs throughout the state, resulting in approximately 378 vendors in fiscal years 2012-2016. In order to offset the costs of the additional inspection requirements associated with the bill's provisions, DPS will charge IID vendors $3,414 per year, for a total revenue gain of $1,290,492 per fiscal year ($3,414*378 = $1,290,492).
Community Supervision and Corrections Departments (CSCDs) indicate the bill's provisions could result in significant costs and/or revenue losses to CSCDs.
The bill could require additional staff to monitor offenders required to obtain an IID and lead to a decrease in payments received from offenders. Offenders who are unable or unwilling to pay both supervision fees and fees for the device would likely pay the device fee to be able to drive and fail to pay supervision fees, which CSCDs anticipate would lead to decreased revenue.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice
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| LBB Staff: | JOB, ESi, KKR, GG, LM, TB
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