CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 708.001. DEFINITIONS. In this chapter, "department" and

"license" have the meanings assigned by Section 521.001.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.002. RULES. The department shall adopt and enforce

rules to implement and enforce this chapter.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.003. FINAL CONVICTIONS. For purposes of this chapter,

a conviction for an offense to which this chapter applies is a

final conviction, regardless of whether the sentence is probated.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE

Sec. 708.051. NONAPPLICABILITY. This subchapter does not apply

to:

(1) an offense committed before September 1, 2003; or

(2) an offense covered by Subchapter C.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.

2.03, eff. Jan. 11, 2004.

Sec. 708.052. ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS. (a)

The driver's license of a person accumulates a point under this

subchapter as of the date the department records a conviction of

the person under Section 521.042 or other applicable law.

(b) For each conviction arising out of a separate transaction,

the department shall assign points to a person's license as

follows:

(1) two points for a moving violation of the traffic law of this

state or another state that is not described by Subdivision (2);

and

(2) three points for a moving violation of the traffic law of

this state, another state, or a political subdivision of this or

another state that resulted in an accident.

(c) The department by rule shall designate the offenses that

constitute a moving violation of the traffic law under this

section.

(d) Notwithstanding Subsection (b), the department may not

assign points to a person's driver's license if the offense of

which the person was convicted is the offense of speeding and the

person was at the time of the offense driving less than 10

percent faster than the posted speed limit. This subsection does

not apply to an offense committed in a school crossing zone as

defined by Section 541.302.

(e) Notwithstanding Subsection (b), the department may not

assign points to a person's license if the offense committed by

the person was adjudicated under Article 45.051 or 45.0511, Code

of Criminal Procedure.

(f) For the purposes of this section, an offense under Section

545.412 is a moving violation of a traffic law.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

913, Sec. 5, eff. September 1, 2005.

Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the

department shall assess a surcharge on the license of a person

who has accumulated six or more points under this subchapter

during the preceding 36-month period.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a

surcharge under this chapter is $100 for the first six points and

$25 for each additional point.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The

department shall notify the holder of a driver's license of the

assignment of a fifth point on that license by first class mail

sent to the person's most recent address as shown on the records

of the department.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Text of section effective on September 01, 2011

Sec. 708.056. DEDUCTION OF POINTS. The department by rule shall

establish a procedure to provide for the deduction of one point

accumulated by a person under this subchapter to account for each

year that the person has not accumulated points under this

subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.06, eff. September 1, 2011.

SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE

SUSPENSIONS

Sec. 708.101. NONAPPLICABILITY. This subchapter does not apply

to an offense committed before September 1, 2003.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.

2.03, eff. Jan. 11, 2004.

Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED

DRIVER OFFENSES. (a) In this section, "offense relating to the

operating of a motor vehicle while intoxicated" has the meaning

assigned by Section 49.09, Penal Code.

(b) Each year the department shall assess a surcharge on the

license of each person who during the preceding 36-month period

has been finally convicted of an offense relating to the

operating of a motor vehicle while intoxicated.

(c) The amount of a surcharge under this section is $1,000 per

year, except that the amount of the surcharge is:

(1) $1,500 per year for a second or subsequent conviction within

a 36-month period; and

(2) $2,000 for a first or subsequent conviction if it is shown

on the trial of the offense that an analysis of a specimen of the

person's blood, breath, or urine showed an alcohol concentration

level of 0.16 or more at the time the analysis was performed.

(d) A surcharge under this section for the same conviction may

not be assessed in more than three years.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE LICENSE

INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) Each year the

department shall assess a surcharge on the license of each person

who during the preceding 36-month period has been convicted of an

offense under Section 521.457, 601.191, or 601.371.

(b) The amount of a surcharge under this section is $250 per

year.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT VALID

LICENSE. (a) Each year the department shall assess a surcharge

on the license of a person who during the preceding 36-month

period has been convicted of an offense under Section 521.021.

(b) The amount of a surcharge under this section is $100 per

year.

(c) A surcharge under this section for the same conviction may

not be assessed in more than three years.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.105. NOTICE OF POTENTIAL SURCHARGE. (a) A citation

issued for an offense under a traffic law of this state or a

political subdivision of this state must include, in type larger

than any other type on the citation, the following statement:

"A conviction of an offense under a traffic law of this state or

a political subdivision of this state may result in the

assessment on your driver's license of a surcharge under the

Driver Responsibility Program."

(b) The warning required by Subsection (a) is in addition to any

other warning required by law.

Added by Acts 2005, 79th Leg., Ch.

1123, Sec. 4, eff. September 1, 2005.

SUBCHAPTER D. COLLECTION OF SURCHARGES

Text of section effective until September 01, 2011

Sec. 708.151. NOTICE OF SURCHARGE. The department shall notify

the holder of a driver's license of the assessment of a surcharge

on that license by first class mail sent to the person's most

recent address as shown on the records of the department. The

notice must specify the date by which the surcharge must be paid

and state the consequences of a failure to pay the surcharge.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.01, eff. September 1, 2011.

Text of section effective on September 01, 2011

Sec. 708.151. NOTICE OF SURCHARGE. (a) The department shall

send notices as required by Subsection (b) to the holder of a

driver's license when a surcharge is assessed on that license.

Each notice must:

(1) be sent by first class mail to the person's most recent

address as shown on the records of the department or to the

person's most recent forwarding address on record with the United

States Postal Service if it is different;

(2) specify the date by which the surcharge must be paid;

(3) state the total dollar amount of the surcharge that must be

paid, the number of monthly payments required under an

installment payment plan, and the minimum monthly payment

required for a person to enter and maintain an installment

payment plan with the department; and

(4) state the consequences of a failure to pay the surcharge.

(b) The department shall send a first notice not later than the

fifth day after the date the surcharge is assessed.

(c) If on or before the 45th day after the date the first notice

was sent the person fails to pay the amount of the surcharge or

fails to enter into an installment payment agreement with the

department, the department shall send a second notice. If on or

before the 60th day after the date the second notice was sent the

person fails to pay the amount of the surcharge or fails to enter

into an installment payment agreement with the department, the

department shall send a third notice that advises the person that

the person's driving privileges are suspended.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.01, eff. September 1, 2011.

Sec. 708.152. FAILURE TO PAY SURCHARGE.

Text of subsection effective until September 01, 2011

(a) If before the 30th day after the date the department sends

a notice under Section 708.151 the person fails to pay the amount

of a surcharge on the person's license or fails to enter into an

installment payment agreement with the department, the license of

the person is automatically suspended.

Text of subsection effective on September 01, 2011

(a) If on the 60th day after the date the department sends a

second notice under Section 708.151 the person fails to pay the

amount of a surcharge on the person's license or fails to enter

into an installment payment agreement with the department, the

license of the person is automatically suspended. A person's

license may not be suspended under this section before the 105th

day after the date the surcharge was assessed by the department.

(b) A license suspended under this section remains suspended

until the person pays the amount of the surcharge and any related

costs.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.02, eff. September 1, 2011.

Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The

department by rule shall provide for the payment of a surcharge

in installments.

Text of subsection effective until September 01, 2011

(b) A rule under this section:

(1) may not permit a person to pay a surcharge over a period of

more than 36 consecutive months; and

(2) may provide that if the person fails to make a required

installment payment, the department may reestablish the

installment plan or declare the amount of the unpaid surcharge

immediately due and payable.

Text of subsection effective on September 01, 2011

(b) A rule under this section:

(1) may not require a person to:

(A) pay surcharges that total $500 or more over a period of less

than 36 consecutive months;

(B) pay surcharges that total more than $250 but not more than

$499 over a period of less than 24 consecutive months; or

(C) pay surcharges that total $249 or less over a period of less

than 12 consecutive months; and

(2) may provide that if the person fails to make any required

monthly installment payment, the department may reestablish the

installment plan on receipt of a payment in the amount equal to

at least a required monthly installment payment.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1123, Sec. 5, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

573, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.03, eff. September 1, 2011.

Sec. 708.154. CREDIT CARD PAYMENT OF SURCHARGE. (a) The

department by rule may authorize the payment of a surcharge by

use of a credit card. The rules shall require the person to pay

all costs incurred by the department in connection with the

acceptance of the credit card.

(b) If a surcharge or a related cost is paid by credit card and

the amount is subsequently reversed by the issuer of the credit

card, the license of the person is automatically suspended.

(c) A license suspended under this section remains suspended

until the person pays the amount of the surcharge and any related

costs.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. (a) The

department may enter into a contract with a private attorney or a

public or private vendor for the provision of services for the

collection of surcharges receivable and related costs under this

chapter.

(b) To provide for alternative or additional collection methods

for surcharges receivable, the department may amend a contract

entered into under Subsection (a) and enter into additional

contracts under Subsection (a).

(c) The total amount of compensation under a contract entered

into under this section may not exceed 30 percent of the amount

of the surcharges and related costs collected.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.

2.04, eff. Jan. 11, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

573, Sec. 2, eff. September 1, 2007.

Sec. 708.156. REMITTANCE OF SURCHARGES COLLECTED TO COMPTROLLER.

Each surcharge collected by the department under this chapter

shall be remitted to the comptroller as required by Section

780.002, Health and Safety Code.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept.

1, 2003.

Sec. 708.157. AMNESTY AND INCENTIVES. (a) The department by

rule may establish a periodic amnesty program for holders of a

driver's license on which a surcharge has been assessed for

certain offenses, as determined by the department.

(b) The department by rule may offer a holder of a driver's

license on which a surcharge has been assessed an incentive for

compliance with the law and efforts at rehabilitation, including

a reduction of a surcharge or a decrease in the length of an

installment plan.

(c) The department by rule shall establish an indigency program

for holders of a driver's license on which a surcharge has been

assessed for certain offenses, as determined by the department.

Added by Acts 2007, 80th Leg., R.S., Ch.

573, Sec. 3, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 6.10, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.05, eff. September 1, 2011.

Text of section effective on September 01, 2011

Sec. 708.158. INDIGENT STATUS AND REDUCTION OF SURCHARGES. (a)

The department shall waive all surcharges assessed under this

chapter for a person who is indigent. For the purposes of this

section, a person is considered to be indigent if the person

provides the evidence described by Subsection (b) to the court.

(b) A person must provide information to the court in which the

person is convicted of the offense that is the basis for the

surcharge to establish that the person is indigent. The

following documentation may be used as proof:

(1) a copy of the person's most recent federal income tax return

that shows that the person's income or the person's household

income does not exceed 125 percent of the applicable income level

established by the federal poverty guidelines;

(2) a copy of the person's most recent statement of wages that

shows that the person's income or the person's household income

does not exceed 125 percent of the applicable income level

established by the federal poverty guidelines; or

(3) documentation from a federal agency, state agency, or school

district that indicates that the person or, if the person is a

dependent as defined by Section 152, Internal Revenue Code of

1986, the taxpayer claiming the person as a dependent, receives

assistance from:

(A) the food stamp program or the financial assistance program

established under Chapter 31, Human Resources Code;

(B) the federal special supplemental nutrition program for

women, infants, and children authorized by 42 U.S.C. Section

1786;

(C) the medical assistance program under Chapter 32, Human

Resources Code;

(D) the child health plan program under Chapter 62, Health and

Safety Code; or

(E) the national free or reduced-price lunch program established

under 42 U.S.C. Section 1751 et seq.

Added by Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 15.04, eff. September 1, 2011.