Driver Responsibility Program Changes Favors Drivers

The Texas Senate approved a bill Friday that would change the state's Driver Responsibility Program. Sen. Eliot Shapleigh, D-Texas, who was behind the bill, said it would “fix the program (which) has disproportionately hit low-income and minority Texans with expensive fees and has led to more warrants being issued to low-income Texans and more uninsured drivers on Texas' roads.”

Nicholas Santibanez is one of millions of drivers affected by the surcharges.

“They told me it was $1,750. That's every year. So, I have pay that every year (for a few years),” said Santibanez, who lost his license in 2005 for racing on the highway.

He said since then, he's been stopped several times and cited for driving without a license, which is why state-imposed fees have continued to add up.

Driving without a license carries a penalty, plus a $100 annual surcharge for three years. Texans caught driving without proof of insurance would be required to pay a penalty, plus an automatic annual surcharge of $250 for three years from the date of their conviction. Anyone caught driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense.

“I have to take care of my tickets because I don't want to go to jail,” said Santibanez, who finds himself in a bind when he has to pay rent every month.

In 2003, the 78th Legislature created the DRP as a funding tool for trauma care centers and transportation projects. The program established a system that assigns points to moving violations and applies some automatic surcharges to offenders.

However, not everyone's paying the mandatory surcharges.

“There were 1.6 million peoplee in Texas who got the notice, and more than 1 million did not pay,” said Shapleigh.

The amendments proposed under the SB 896 bill include:

Notice of Surcharge: The Texas Department of Public Safety will be directed to send notices to the holder of a driver's license when a surcharge is assessed on that license. Each notice must be sent by first-class mail to the person's most recent address on file with the department. In addition, the notice will specify the date by which the surcharge must be paid and the consequences for failure to pay the surcharge.

Jurisdiction: While a surcharge is outstanding, the court in which the person was convicted of the offense that led to the surcharge has jurisdiction over the person and all matters relating to the surcharge. The court may reduce or waive the surcharge at the judge's discretion.

DPS may not assess a surcharge against a person who is living in a family that has an annual gross income that is less than 200 percent of the federal poverty guidelines, or a full-time student with an annual gross income of less than 200 percent of the federal poverty guidelines who is enrolled in an institution of higher education or a technical school. To provide proof of income, a person shall provide an income tax return, a current pay stub, or documentation from a government agency or school district that identifies the person or a member of the person’s household as a recipient of Food Stamps; Medicaid; Children's Health Insurance Program; Temporary Assistance for Needy Families; Women, Infants, and Children nutrition program; or free-or-reduced price school meals.

DPS shall create a program that rewards good driving behavior. Modeled after a similar effort in the state of Virginia, licensed drivers will accrue positive points upon driving for a year without a driving violation. Positive points accrued can be used to offset bad points when an infraction occurs.

In Santibanez's case, he said any change to the law would be welcome.

“That would help me tremendously because I wouldn't have to pay these fees,” he said.

There's an identical bill filed in the House that still needs to be voted on.