LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION

March 15, 2011

TO:	Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	SB138 by Wentworth (Relating to prohibitions on the use of a wireless communication device while operating a motor vehicle.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would prohibit an operator from using a wireless communication device while operating a motor vehicle unless the vehicle is stopped or the wireless communication device is used with a hands-free device. 

The bill would repeal Section 545.425(b-1) of the Transportation Code which requires a municipality, county, or other political subdivision that bans the use of wireless communication devices in school zones to post a sign that notifies motor vehicle operators of the ban and that violators are subject to a fine.

The Texas Department of Public Safety (DPS) reports a new offense code will need to be created to implement the provisions of the bill. DPS and the Texas Department of Transportation do not anticipate a significant fiscal impact as a result of the bill.

Local Government Impact

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

Source Agencies:

405 Department of Public Safety, 601 Department of Transportation

LBB Staff:

JOB, KJG, JI, MM