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 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 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 Honorable Tommy Merritt, Chair, House Committee on Public Safety Honorable Tommy Merritt, Chair, House Committee on Public Safety John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board 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 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. 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. 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 405 Department of Public Safety LBB Staff: JOB, ESi, DB JOB, ESi, DB