Texas 2011 82nd Regular

Texas Senate Bill SB838 Engrossed / Fiscal Note

Filed 02/01/2025

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                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION            May 9, 2011      TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence      FROM: John S O'Brien, Director, Legislative Budget Board     IN RE:SB838 by Patrick (Relating to the penalty for driving while intoxicated.), As Engrossed    No significant fiscal implication to the State is anticipated.  The bill would amend the Penal Code to stipulate that at the time a person is arrested for an alcohol-related offense, if the person has an alcohol concentration level of 0.15 as shown by an analysis of a blood, breath, or urine specimen, the offense is a Class A misdemeanor. The change in law would apply only to an offense committed on or after the effective date of the bill, which would be September 1, 2011. A Class A misdemeanor is punishable by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both. Local Government Impact According to the Texas Commission on Jail Standards, the average cost for an inmate in a county jail is $45 per day. Costs associated with enforcement, prosecution and confinement, and revenue gain from fines would vary depending on the number of offenses committed, the amount of fines and length of jail time imposed by the court; however, no significant fiscal implication is anticipated.    Source Agencies:   LBB Staff:  JOB, ESi, TP    

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 9, 2011





  TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence      FROM: John S O'Brien, Director, Legislative Budget Board     IN RE:SB838 by Patrick (Relating to the penalty for driving while intoxicated.), As Engrossed  

TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: SB838 by Patrick (Relating to the penalty for driving while intoxicated.), As Engrossed

 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

SB838 by Patrick (Relating to the penalty for driving while intoxicated.), As Engrossed

SB838 by Patrick (Relating to the penalty for driving while intoxicated.), As Engrossed



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.



The bill would amend the Penal Code to stipulate that at the time a person is arrested for an alcohol-related offense, if the person has an alcohol concentration level of 0.15 as shown by an analysis of a blood, breath, or urine specimen, the offense is a Class A misdemeanor. The change in law would apply only to an offense committed on or after the effective date of the bill, which would be September 1, 2011. A Class A misdemeanor is punishable by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both.

Local Government Impact

According to the Texas Commission on Jail Standards, the average cost for an inmate in a county jail is $45 per day. Costs associated with enforcement, prosecution and confinement, and revenue gain from fines would vary depending on the number of offenses committed, the amount of fines and length of jail time imposed by the court; however, no significant fiscal implication is anticipated.

Source Agencies:



LBB Staff: JOB, ESi, TP

 JOB, ESi, TP