Friday, April 22, 2011

Amendment tells DPS: Implement incentive program for Driver Responsibility surcharge

Great news regarding the Driver Responsibility surcharge. The Texas House this morning approved legislation which, as amended, would require the Department of Public Safety to enact its "incentive" rules to encourage drivers to pay off their surcharge obligations up front.

As originally drafted, Rep. Ryan Guillen?s HB 588 would allow those who are financially able to pay 100% of their three-year Driver Responsibility Surcharges up front instead of paying once annually or on an installment plan. However, long-time readers will recall that last year the Public Safety Commission, which is the governing body for the Department of Public Safety, approved rules for a more aggressive ?Incentive Program? (which was itself authorized by 2007 legislation carried by Senate Finance Committee Chairman Steve Ogden). If implemented, those rules would allow anyone assessed with a surcharge to discharge their obligation by paying a one-time sum in the amount of:
  • 50% of all three years of surcharges assessed for each offense if payment is made within 30 days.
  • 60% of all three years of surcharges assessed for each offense if payment is made within 60 days.
  • 70% of all three years of surcharges assessed for each offense if payment is made within 90 days.
The PSC added these rules to the Administrative Code at the same time they approved Amnesty and Indigence programs for the Driver Responsibility surcharge last year. However, because the Legislature only mandated implementing the Indigence program, the law did not require Incentive rules immediately to take effect. Yesterday, Rep. Armando Walle amended HB 588 on the floor, with Guillen's approval, to require implementation of those rules by Sept. 1, 2013. This morning the bill passed and is now headed to the Senate.

Since its inception, the Driver Responsibility program has caused more than 1.9 million Texans to lose their drivers licenses for nonpayment, 1.2 million of whom still haven't gotten their licenses back. Almost all continue to drive, just without a license or liability insurance. Prosecutors and judges even blame the surcharge for a precipitous drop in DWI convictions. A just-ended amnesty program helped more than 110,000 drivers regain their licenses, but it wasn't very well publicized and thousands more surcharges are assessed every week. Going forward, for many of those drivers the incentive program will be a godsend. Given that, while I'd prefer the program be abolished, as half-loaves go I'm pretty happy with this one.

how much you can drink and drive