LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 14, 2011 TO: Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1051 by Kleinschmidt (Relating to the collection and use of fingerprints of an applicant for a driver's license, personal identification certificate, or commercial driver's license.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1051, As Introduced: an impact of $0 through the biennium ending August 31, 2013. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 14, 2011 TO: Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1051 by Kleinschmidt (Relating to the collection and use of fingerprints of an applicant for a driver's license, personal identification certificate, or commercial driver's license.), As Introduced TO: Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB1051 by Kleinschmidt (Relating to the collection and use of fingerprints of an applicant for a driver's license, personal identification certificate, or commercial driver's license.), As Introduced Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB1051 by Kleinschmidt (Relating to the collection and use of fingerprints of an applicant for a driver's license, personal identification certificate, or commercial driver's license.), As Introduced HB1051 by Kleinschmidt (Relating to the collection and use of fingerprints of an applicant for a driver's license, personal identification certificate, or commercial driver's license.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1051, As Introduced: an impact of $0 through the biennium ending August 31, 2013. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Estimated Two-year Net Impact to General Revenue Related Funds for HB1051, As Introduced: an impact of $0 through the biennium ending August 31, 2013. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2012 $0 2013 $0 2014 $0 2015 $0 2016 $0 2012 $0 2013 $0 2014 $0 2015 $0 2016 $0 All Funds, Five-Year Impact: Fiscal Year Probable Revenue (Loss) fromGeneral Revenue Fund1 Probable Savings fromGeneral Revenue Fund1 Probable (Cost) fromState Highway Fund6 2012 ($2,655,885) $2,655,885 ($2,336,563) 2013 ($2,655,885) $2,655,885 ($1,382,821) 2014 ($2,655,885) $2,655,885 ($1,499,412) 2015 ($2,655,885) $2,655,885 ($1,524,454) 2016 ($2,655,885) $2,655,885 ($1,921,559) Fiscal Year Probable Revenue (Loss) fromGeneral Revenue Fund1 Probable Savings fromGeneral Revenue Fund1 Probable (Cost) fromState Highway Fund6 2012 ($2,655,885) $2,655,885 ($2,336,563) 2013 ($2,655,885) $2,655,885 ($1,382,821) 2014 ($2,655,885) $2,655,885 ($1,499,412) 2015 ($2,655,885) $2,655,885 ($1,524,454) 2016 ($2,655,885) $2,655,885 ($1,921,559) 2012 ($2,655,885) $2,655,885 ($2,336,563) 2013 ($2,655,885) $2,655,885 ($1,382,821) 2014 ($2,655,885) $2,655,885 ($1,499,412) 2015 ($2,655,885) $2,655,885 ($1,524,454) 2016 ($2,655,885) $2,655,885 ($1,921,559) Fiscal Year Change in Number of State Employees from FY 2011 2012 20.0 2013 20.0 2014 26.0 2015 26.0 2016 32.0 Fiscal Analysis The bill would amend the Transportation Code and Government Code to require the Department of Public Safety (DPS) to collect and retain the complete set of fingerprints of all applicants for drivers licenses, commercial drivers licenses, and personal identification certificates. The bill would prevent DPS from collecting a fee from state agencies for processing fingerprint-based criminal history background checks. The bill would require DPS to process fingerprint-based criminal history background checks for state agencies when a full set of fingerprints is available. Methodology DPS indicates they receive approximately 7,000 new applicants for the applicable licenses each day. The bill would require DPS to now collect full sets of fingerprints on each applicant. Additional FTEs and associated costs would be required in fiscal year 2012 and beyond to handle the additional fingerprint submissions to ensure the fingerprints are recorded and stored in a standard format. Currently, DPS only collects the thumbprints of the applicable applicants, so the agency would require additional technology resources to capture and store the full sets of fingerprints of the applicable applicants. DPS would also require FTEs and associated costs to conduct criminal history background checks for state agencies, based on the full sets of fingerprints collected. These requests for background checks would bypass the current fingerprint and background check process and instead go directly to DPS instead of the vendor who processes initial requests and forwards results to DPS to provide to the requesting party. However, the full sets of fingerprints collected would occur in a staggered manner as individuals applied for original or renewal drivers licenses. This analysis assumes state agencies would utilize the current system of fingerprint background checks for applicants who have not had their fingerprints recorded as required by the bill. Therefore, the necessary resources DPS would need to internally process the fingerprint-based background checks would be staggered. This analysis assumes DPS could implement the provisions of the bill related to internal background checks within existing resources in fiscal year 2012 and 2013, require half of the necessary resources in 2014 and 2015, and the full amount of resources in fiscal year 2016 and beyond. The bill would prevent DPS from collecting a fee from state agencies for processing a fingerprint-based criminal history background check. DPS estimates there are approximately 177,059 requests from the applicable state entities for fingerprint-based background checks. Since DPS would no longer be able to collect the $15 fee for these background checks, there would be a $2,655,885 loss in General Revenue to DPS. This analysis assumes the various state agencies paying the $15 fee would experience an aggregate cost savings in an equal amount. Technology DPS estimates technology costs to implement the provisions of the bill at $996,000 in fiscal year 2012, $177,190 in fiscal year 2013, and $10,600 in fiscal year 2014. These costs would be required to implement the technology needed to capture all ten fingerprints of the applicants for the applicable licenses. Additionally, the costs would be required for systems analysis, programming, database administration, and program management related to the provisions of the bill. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety LBB Staff: JOB, ESi, GG Fiscal Year Change in Number of State Employees from FY 2011 2012 20.0 2013 20.0 2014 26.0 2015 26.0 2016 32.0 2012 20.0 2013 20.0 2014 26.0 2015 26.0 2016 32.0 Fiscal Analysis The bill would amend the Transportation Code and Government Code to require the Department of Public Safety (DPS) to collect and retain the complete set of fingerprints of all applicants for drivers licenses, commercial drivers licenses, and personal identification certificates. The bill would prevent DPS from collecting a fee from state agencies for processing fingerprint-based criminal history background checks. The bill would require DPS to process fingerprint-based criminal history background checks for state agencies when a full set of fingerprints is available. The bill would amend the Transportation Code and Government Code to require the Department of Public Safety (DPS) to collect and retain the complete set of fingerprints of all applicants for drivers licenses, commercial drivers licenses, and personal identification certificates. The bill would prevent DPS from collecting a fee from state agencies for processing fingerprint-based criminal history background checks. The bill would require DPS to process fingerprint-based criminal history background checks for state agencies when a full set of fingerprints is available. Methodology DPS indicates they receive approximately 7,000 new applicants for the applicable licenses each day. The bill would require DPS to now collect full sets of fingerprints on each applicant. Additional FTEs and associated costs would be required in fiscal year 2012 and beyond to handle the additional fingerprint submissions to ensure the fingerprints are recorded and stored in a standard format. Currently, DPS only collects the thumbprints of the applicable applicants, so the agency would require additional technology resources to capture and store the full sets of fingerprints of the applicable applicants. DPS would also require FTEs and associated costs to conduct criminal history background checks for state agencies, based on the full sets of fingerprints collected. These requests for background checks would bypass the current fingerprint and background check process and instead go directly to DPS instead of the vendor who processes initial requests and forwards results to DPS to provide to the requesting party. However, the full sets of fingerprints collected would occur in a staggered manner as individuals applied for original or renewal drivers licenses. This analysis assumes state agencies would utilize the current system of fingerprint background checks for applicants who have not had their fingerprints recorded as required by the bill. Therefore, the necessary resources DPS would need to internally process the fingerprint-based background checks would be staggered. This analysis assumes DPS could implement the provisions of the bill related to internal background checks within existing resources in fiscal year 2012 and 2013, require half of the necessary resources in 2014 and 2015, and the full amount of resources in fiscal year 2016 and beyond. The bill would prevent DPS from collecting a fee from state agencies for processing a fingerprint-based criminal history background check. DPS estimates there are approximately 177,059 requests from the applicable state entities for fingerprint-based background checks. Since DPS would no longer be able to collect the $15 fee for these background checks, there would be a $2,655,885 loss in General Revenue to DPS. This analysis assumes the various state agencies paying the $15 fee would experience an aggregate cost savings in an equal amount. DPS indicates they receive approximately 7,000 new applicants for the applicable licenses each day. The bill would require DPS to now collect full sets of fingerprints on each applicant. Additional FTEs and associated costs would be required in fiscal year 2012 and beyond to handle the additional fingerprint submissions to ensure the fingerprints are recorded and stored in a standard format. Currently, DPS only collects the thumbprints of the applicable applicants, so the agency would require additional technology resources to capture and store the full sets of fingerprints of the applicable applicants. DPS would also require FTEs and associated costs to conduct criminal history background checks for state agencies, based on the full sets of fingerprints collected. These requests for background checks would bypass the current fingerprint and background check process and instead go directly to DPS instead of the vendor who processes initial requests and forwards results to DPS to provide to the requesting party. However, the full sets of fingerprints collected would occur in a staggered manner as individuals applied for original or renewal drivers licenses. This analysis assumes state agencies would utilize the current system of fingerprint background checks for applicants who have not had their fingerprints recorded as required by the bill. Therefore, the necessary resources DPS would need to internally process the fingerprint-based background checks would be staggered. This analysis assumes DPS could implement the provisions of the bill related to internal background checks within existing resources in fiscal year 2012 and 2013, require half of the necessary resources in 2014 and 2015, and the full amount of resources in fiscal year 2016 and beyond. The bill would prevent DPS from collecting a fee from state agencies for processing a fingerprint-based criminal history background check. DPS estimates there are approximately 177,059 requests from the applicable state entities for fingerprint-based background checks. Since DPS would no longer be able to collect the $15 fee for these background checks, there would be a $2,655,885 loss in General Revenue to DPS. This analysis assumes the various state agencies paying the $15 fee would experience an aggregate cost savings in an equal amount. Technology DPS estimates technology costs to implement the provisions of the bill at $996,000 in fiscal year 2012, $177,190 in fiscal year 2013, and $10,600 in fiscal year 2014. These costs would be required to implement the technology needed to capture all ten fingerprints of the applicants for the applicable licenses. Additionally, the costs would be required for systems analysis, programming, database administration, and program management related to the provisions of the bill. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 405 Department of Public Safety 405 Department of Public Safety LBB Staff: JOB, ESi, GG JOB, ESi, GG