The State of Texas repealed the Driver Responsibility Program, abbreviated as DRP, effective September 1, 2019. The DRP allowed the Texas Department of Safety, abbreviated as DPS, to impose surcharges on a driver for committing certain traffic offenses. The program applied to traffic offenses committed on or after September 1, 2003. A driver would receive a notice by mail every time a surcharge accumulated on their driver record. The surcharges did not replace a license revocation, suspension, denial, cancellation, or disqualification resulting from a conviction. The Driver Responsibility Program aimed to encourage safe driving habits. 

The repeal of the Driver Responsibility Program means that thousands of Texans are eligible to have their licenses reinstated. The DRP system faced intense criticism for adding additional annual fees to the price of tickets. The repeal also means that there will be a waiver of all the pending surcharges. The DRP ended on September 1 after many years of failed attempts to eliminate it. Governor Greg Abbot signed the measure to eliminate the program in June 2019. This measure ended the 16-year-old program that had made more than one million Texans unable to keep or renew their driver's licenses. 

The Driver Responsibility Program imposed additional annual fees ranging between $100 and $2,000 depending on the driver's offense. The payment was on top of the price of traffic tickets. 

These additional fees attracted criticism from lawmakers. Many Texans could not afford to pay the additional costs. Therefore, they had their driver's licenses suspended if they did not pay the fees or enter into a payment plan within a certain period. The surcharges accumulated to thousands of dollars for most drivers, leaving them without a license for years. 

The DRP created an awful cycle for drivers who lost their licenses for being unable to pay a surcharge. These drivers kept getting additional surcharges because they did not have a license. In the past, efforts to pass legislation against the program failed. The money obtained through surcharges would fund the state's emergency trauma center. However, after the program's repeal, this money will come from other sources, and more than 600,000 Texans will qualify to have their licenses reinstated.

Understanding The Driver Responsibility Program

The Driver Responsibility Program requires the Texas Department of Public Safety to apply surcharges to drivers with certain traffic violations. The DPS imposes a surcharge on a driver based on the number of points or convictions on a driver’s record. Therefore, a driver could receive separate surcharges for both convictions and points. 

Under the point system, a driver receives points for moving traffic violation offenses. The points remain on a driver’s record for three years. The allocation of the points is as follows:

  • 2 points for a moving violation
  • 2 points for an out-of-state violation
  • 3 points for a moving violation resulting in a crash 
  • 3 points for an out-of-state moving violation that results in a crash 

The DPS applies a surcharge when a driver accumulates six or more points. The driver pays a surcharge of $100 for the first six points. For every additional point, the driver pays a fee of $25. If a driver's record has six points or more, the surcharge will continue to be applied every year. The point surcharges will vary based on the yearly review through removing or adding convictions on a driver's record. 

Under the conviction system, a driver pays a surcharge for every conviction, usually three years from the conviction date, once the conviction has been reported to the DPS. A surcharge is automatic after every sentence. Therefore, no points apply for these offenses. Surcharges apply as follows:

  • A surcharge of $1,000 for an intoxication offense is applicable for the 1st offense in Texas or out-of-state for driving, flying, boating, intoxication assault, operating an amusement park ride, or manslaughter. 
  • A surcharge of $1,500 for a second, third or additional conviction for an intoxication offense in Texas or out of state. The conviction could arise from driving, flying, boating, operating amusement park rides, manslaughter, or intoxication assault. 
  • A surcharge of $2,000 for a DWI conviction whereby a driver has a blood alcohol concentration (DWI) of 0.16, higher, in Texas or out-of-state 
  • A surcharge of $250 for driving without insurance
  • A surcharge of $250 for driving with an invalid license — a license is invalid if it is canceled, denied, suspended, or revoked. 
  • A surcharge of $100 for driving without a license — no driver's license(regular or commercial), expired driver's license, endorsement violations. 

Reduction Programs 

Through the incentive program and the indigency program, drivers with unpaid surcharges could qualify for a substantial reduction of the surcharges owed to maintain their driving privileges. All surcharges billed on or after September 1, 2003, qualify for the markdowns. The eligibility for the incentive and indigency programs depended on the total income as determined by the federal poverty level:

  • Under the indigency program, the amount owed is reduced to 10% and does not exceed $250 for a poverty level of 125% or less. In addition, the surcharge suspensions are removed for six months. 
  • Under the incentive program, the amount owed is reduced to 50% for 126% to 300% poverty levels. In addition, the surcharge suspensions are removed for six months. 

Under the indigency and incentive programs, a driver must pay the new reduced balance within six months. If the driver does not pay the amount by the due date, their driving privileges will remain suspended until the driver pays. 

Eligibility For License Reinstatement

Nearly 1.5 million Texans could not keep or renew their licenses under the DRP. When attempting to have their licenses reinstated effective September 1, 2019, drivers will fall under different categories:

  • If a driver's fees or suspension stemmed solely from the DRP, the driver would immediately be eligible for license reinstatement. Around 635,000 will automatically qualify to have their licenses reinstated. Another 350,000 drivers will be eligible for reinstatement after paying a reinstatement fee of approximately $100. If you had your license suspended under the Driver Responsibility Program, you could check online to know where you belong. 
  • Drivers whose licenses were suspended for reasons other than those stemming from the Driver Responsibility Program will qualify to have the suspensions lifted but only after resolving the said issues. Around 398,000 drivers fall under this category. 

For driver's licenses expired for under two years, the drivers could apply for a replacement online. However, more time has passed; a driver must re-apply for a license and pass the applicable vision and driving tests to obtain a new license. 

Unpaid Surcharges

According to the Department of Public Safety, all surcharges under the DRP will be waived effective September 1, 2019, and no future fees will be imposed on the driver. However, drivers will still be responsible for any other suspensions, fees, or fines on their driving records unrelated to the DRP. However, even after the repeal of the DRP, license suspensions that resulted from surcharges will remain on a driver’s record. In addition, drivers will not get a refund of payments they had made to the repeal. 

Alternative Funding For Texas State’s Trauma Care Center System

About half of all surcharge fees, amounting to $70 million, were directed towards funding the state's trauma care center as outlined by the Legislative Budget Board. The funding enabled many Texans to access reliable care during health crises. For example, trauma centers increased to 290 by 2018, up from 250 in the earlier years. Unfortunately, eliminating the Driver's Responsibility Program will slash this funding. However, many hospitals and health systems supported the repeal during the legislative session.  

Before September 1, 2019, the general state traffic fines were at $30 and were partially directed towards supporting the trauma care centers. Effective September 1, 2019, the costs increased to $50. The bill also imposed a $2 additional annual cost on automobile insurance fees. 

Alternative funding will also come from elevated fines for driving while intoxicated (DWI). The fines will increase from $1,000 to $3000 for a first-time offense. The fines could be as high as $6,000, depending on a driver's blood-alcohol level. Some criminal justice advocates are concerned about the high fees. However, the bill allows judges to use their discretion to waive the fees for low-income drivers. Despite the repeal of the DRP, the trauma center fund will record a net gain of $6.8 million.

Drivers With Unpaid Tickets Can Still Lose Their Licenses

The repeal of the Driver Responsibility Program does not mean that drivers with unpaid tickets can no longer lose their licenses. The DRP is one of the ways a driver with outstanding traffic tickets can lose their license. A driver could also lose their license through the Omni program. Under this program, a driver loses their license for failing to appear in court or failing to pay court fines. Because of the Omni Program, around 300,000 Texans are ineligible to renew their licenses. In recent years, lawmakers have proposed a reform of the Omni program without success. 

What The Repeal Of The Driver Responsibility Program Means

The repeal of the DRP will mean different things to different drivers depending on their unique circumstances as follows:

You Have Already Paid The Surcharge

If you have already paid surcharges, you will not get a refund even if all the surcharges were eliminated on September 1, 2019. There is no reimbursement for any charges you have already paid through the program. 

You Owe Surcharges

After September 1, 2019, Texas canceled all the outstanding DRP surcharges. Therefore, you no longer owe the DRP any surcharges even if you had an unpaid debt. 

Your Driver’s License Is Suspended

Perhaps your driver’s license is suspended because you owed a surcharge debt. The steps you will need to take to have your license reinstated will depend on several factors. The factors include how long your license has been suspended, if you owe reinstatement fees and whether you have other holds or suspensions. Your license should have been reinstated automatically on September 1, 2019, if you only owed DRP surcharges. This only applies if you do not owe reinstatement fees for other suspensions. You can check online to know if you owe additional reinstatement fees or suspensions. If your license is suspended under other programs alongside the Driver Responsibility Program, you will have to meet the requirements of those programs before you obtain a valid license. 

At times, you will need to obtain a copy or renew your driver’s license even if you do not have other reinstatement fees or suspensions. For example, if you need your driver's license copy because it was taken away from you, you will have to order one through the DPS at $11. If your license expires during the suspension period, you have to apply for a renewal through the DPS at a fee of $25. You can do a driver's license renewal or replacement online. 

A Driving Test With DPS 

You will need to take a driving test with the DPS if your driver's license has expired for more than two years. The tests include written tests, vision tests, and driving tests. 

You Are Currently On A Payment Plan For Surcharges

Even if you were on a payment plan for the DRP, the payments were due every month but only up to September 1, 2019. If you missed a payment before that date, your driver's license could have been suspended. Therefore, all drivers on payment plans should stop making additional payments effective September 1, 2019. After this date, you do not owe any money, and you should not make any payment to DPS related to DRP charges. 

OmniBase Holds For Unpaid Tickets 

Does the change in the law relating to DRP affect OmniBase holds due to unpaid tickets?

The repeal of the driver responsibility program does not affect the OmniBase holds. Therefore, if your license suspension is for failing to pay DRP surcharges, but you also have an OmniBase hold for failing to pay a fine, the suspension will hold. Your license will only be reinstated when you resolve the OmniBase holds. You can search online using your driver's license number to determine whether you have an OmniBase hold. You can settle the hold by paying the fine owed, working out an alternative way of resolving the hold, usually a repayment plan, or through community service. You have to contact the court that has placed the OmniBase hold directly to arrange any of these options.

Additional Suspensions For Other Reasons

The new law only affects license suspensions for failing to pay DRP surcharges. If your license suspension is due to another reason like a drug possession conviction, DWI charge, driving without a license, or driving with an invalid license, this suspension will remain. You can visit texas.gov to find out about any holds or suspensions that could be preventing you from renewing your driver’s license. 

A Default On Surcharge Installment Plan 

Even if you had defaulted on your installment plan, this would not harm you because all surcharge assessments, including the surcharge installment, were waived on September 1, 2019. It means that no future surcharges would be assessed after this date. However, you will still be responsible for any other suspensions, fees, and fines on your driving record. 

DRP Points Advisory

Some drivers could have received a DRP points advisory or suspension notice. Will the repeal affect these points? After the DRP repeal, the DPS no longer assesses DRP points for moving violations. Therefore, any previously assessed points will be removed from a driver's record. 

Whether The Repeal Will Affect Failure To Appear Holds On Your License

Surcharges are not related to failure to appear. Under the Failure to Pay/Failure to Appear Program, the DPS could deny your driver's license renewal if you do not appear for a citation. The Department could also deny a license renewal if you fail to satisfy a judgment requiring you to pay a fine. You will not succeed in renewing your license until the pending violations and citations are cleared and reported by the courts to the DPS. You should check online to ensure that you do not have any outstanding cases that could prevent license renewal. 

A Pending Lawsuit Challenging The DRP

It is common for people to file lawsuits challenging the DRP. What will happen if you have a pending case? Are you going to receive the damages?

If you have a pending lawsuit against the DPS for DRP, it is still not clear what impact the repeal will have on the case. However, since you will not incur monetary damages ( paying surcharges), you will not be eligible to receive damages.

Following the DRP repeal, many drivers often wonder whether their previous surcharge-related suspensions will be deleted from their driving history. Even if the DRP was repealed effective September 1, 2019, any suspensions that resulted from the surcharges when the DRP was in effect will remain on a person’s driving history. 

Find A Fort Worth DWI Defense Lawyer Near Me

Surcharges in Texas can be confusing and frustrating. If you are unsure whether you have a pending DPS surcharge, we invite you to contact the Fort Worth DWI Defense Lawyer. Our experienced lawyers will clarify the DRP surcharge. Call us at 817-470-2128 and speak to one of our lawyers.