TEXAS Driver Responsibility Program

 

Surcharges
The Driver Responsibility Program is governed by Texas Transportation Code, Chapter 708, which established a system to assess surcharges based on certain traffic offenses that have occurred on or after September 1, 2003.

A surcharge is an administrative fee charged to a driver based on the convictions reported to the driving record.  There are two criteria that determine if a surcharge will be assessed.  Those two criteria are: Point System and Conviction Based surcharges.

Surcharges are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions.

Point System
Points are assessed to moving traffic violation convictions.  Once the conviction has been added to the driver record, points will be assigned and will remain on the driver record for a period of three (3) years.  Points are assigned as follows:

1. Two (2) points for a Texas or out-of-state moving violation conviction. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89.
2. Three (3) points for a Texas or out-of-state moving violation conviction that resulted in a crash.

A surcharge will be assessed when the driver accumulates a total of six (6) points or more on the driver record.  The driver is required to pay a $100 surcharge for the first six (6) points and $25 for each additional point. 
The driver record will be reviewed annually and if it continues to reflect six (6) or more points, the surcharge will be assessed.  Drivers may be required to pay for one or more years.  Point surcharges may vary with each annual assessment if convictions are added or removed from the driver record.

Conviction Based
Drivers who receive a conviction for one of the offenses below will pay an annual surcharge for a period of three (3) years from the date of conviction.  No points are assessed for these offenses because the surcharge is automatic upon conviction.

Type of Conviction

Surcharge
Per year for 3 years

Driving While Intoxicated (DWI)-
1st Offense (Texas or out-of state conviction)

$1,000

DWI- Subsequent Offense (Texas or out-of state conviction)

$1,500

DWI w/blood alcohol concentration of 0.16 or more (Texas or out-of state conviction)

$2,000

No Insurance

$250

Driving While License Invalid

$250

No Driver License

$100

The vendor who collects the surcharge for the Department is allowed to charge service fees in addition to the surcharge. The fees allowed are:

• Service fee of 4% of the original surcharge amount.
• Installment plan payment fee of $2.50 per partial payment.
• Credit/Debit Card fee of 2.25% of payment plus $0.25 (except where prohibited by law).
• Electronic Check fee of $2.00 per payment.

Driver Notification
The initial notice to the driver will be mailed to the address on record with the Department, so it is important to make sure you notify the Department when your address changes.  The surcharge must be paid within 30 days to prevent the suspension of driving privileges. Upon suspension for failure to comply with the surcharge requirements, driving privileges remain suspended until the person establishes an installment agreement, or pays in full all surcharges and related costs, such as service/collection fees.

Amnesty, Incentive and Indigency Programs
The Department has developed administrative rules to offer reductions on surcharges. The proposed rule was adopted by the Public Safety Commission on October 21, 2010, and the final rule will be published in the Texas Register on November 5, 2010.  The Department expects to be able to offer the Amnesty program by January 2011, and the Indigency program will begin in April 2011.  The Incentive program will be evaluated for future implementation.  Additional information regarding eligibility criteria and the application process for these programs will be made available in December. 

There is a separate Indigency program required by law, under Transportation Code, Section 708.158.  This section provides for the waiver of a surcharge if a court determines an individual is indigent at the time of the conviction.  The court will be required to notify the Department of the indigent status, and the surcharge will be waived.  The effective date of this section is September 1, 2011.  Therefore, the Department is not currently authorized to waive a surcharge for indigency until the effective date.

Who receives the money collected
Each surcharge collected by the Department under this law will be remitted to the Texas State Comptroller's office on a monthly basis. The Trauma Center and Texas General Revenue Funds receive 99% of the revenue collected, while the Department receives the remaining 1% for the administration of the program.

Contact Information
For account information, payment options, or Frequently Asked Questions, you may visit www.txsurchargeonline.com or call Municipal Services Bureau at 1-(800)-688-6882. The Municipal Services Bureau is the vendor responsible for the mailing of surcharge notices and collection of all fees.