LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 11, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB570 by Dutton (Relating to the effect of a dismissal of the underlying criminal charge on the suspension of a person's driver's license for a failure to pass a test for intoxication or a refusal to submit to the taking of a breath or blood specimen.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB570, As Introduced: an impact of $0 through the biennium ending August 31, 2013.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 11, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB570 by Dutton (Relating to the effect of a dismissal of the underlying criminal charge on the suspension of a person's driver's license for a failure to pass a test for intoxication or a refusal to submit to the taking of a breath or blood specimen.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB570 by Dutton (Relating to the effect of a dismissal of the underlying criminal charge on the suspension of a person's driver's license for a failure to pass a test for intoxication or a refusal to submit to the taking of a breath or blood specimen.), As Introduced
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB570 by Dutton (Relating to the effect of a dismissal of the underlying criminal charge on the suspension of a person's driver's license for a failure to pass a test for intoxication or a refusal to submit to the taking of a breath or blood specimen.), As Introduced
HB570 by Dutton (Relating to the effect of a dismissal of the underlying criminal charge on the suspension of a person's driver's license for a failure to pass a test for intoxication or a refusal to submit to the taking of a breath or blood specimen.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB570, As Introduced: an impact of $0 through the biennium ending August 31, 2013.
Estimated Two-year Net Impact to General Revenue Related Funds for HB570, As Introduced: an impact of $0 through the biennium ending August 31, 2013.
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) fromTexas Mobility Fund365 2012 ($1,250,000) 2013 ($1,250,000) 2014 ($1,250,000) 2015 ($1,250,000) 2016 ($1,250,000)
Fiscal Year Probable Revenue (Loss) fromTexas Mobility Fund365 2012 ($1,250,000) 2013 ($1,250,000) 2014 ($1,250,000) 2015 ($1,250,000) 2016 ($1,250,000)
2012 ($1,250,000)
2013 ($1,250,000)
2014 ($1,250,000)
2015 ($1,250,000)
2016 ($1,250,000)
Fiscal Analysis
The bill would amend the Transportation Code to prohibit the administrative suspension of a drivers license if a criminal charge for certain intoxication offenses is dismissed for any reason. The bill would take effect immediately upon a two-thirds vote of all the members in each house. Otherwise, the bill would take effect September 1, 2011.
The bill would amend the Transportation Code to prohibit the administrative suspension of a drivers license if a criminal charge for certain intoxication offenses is dismissed for any reason. The bill would take effect immediately upon a two-thirds vote of all the members in each house. Otherwise, the bill would take effect September 1, 2011.
Methodology
The Department of Public Safety (DPS) indicates the bill would result in a loss of revenue to the Texas Mobility Fund. The bill would prohibit administrative suspension of drivers licenses if criminal charges for certain intoxication offenses are dismissed. This would prevent DPS from collecting the $125 drivers license reinstatement fee from individuals whose criminal charges are dismissed. DPS indicates the agency processes an average of 100,000 administrative license suspensions per year. DPS assumes 10 percent of these suspensions would result in the dismissal of the underlying criminal charges, resulting in a revenue loss of $1,250,000 to the Texas Mobility Fund (10,000*$125 = $1,250,000). This analysis assumes DPS could implement the provisions of the bill within existing resources.
The Department of Public Safety (DPS) indicates the bill would result in a loss of revenue to the Texas Mobility Fund. The bill would prohibit administrative suspension of drivers licenses if criminal charges for certain intoxication offenses are dismissed. This would prevent DPS from collecting the $125 drivers license reinstatement fee from individuals whose criminal charges are dismissed. DPS indicates the agency processes an average of 100,000 administrative license suspensions per year. DPS assumes 10 percent of these suspensions would result in the dismissal of the underlying criminal charges, resulting in a revenue loss of $1,250,000 to the Texas Mobility Fund (10,000*$125 = $1,250,000). This analysis assumes DPS could implement the provisions of the bill within existing resources.
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