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.
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.
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16 comments:
Hope they just repeal the whole damned thing!
Me too, but it looks like it won't happen this year.
Grits, this is far less than half a loaf!
The next thing that needs to happen is to re-open the amnesty, since almost no one knew about it--probably an intentional parameteer.
I get it, Prison Doc, but it's better than a sharp stick in the eye. The abolition bills just weren't going to move because of the budget implications, and there's not much time left in the session.
Speaking of reopening Amnesty, though, I didn't realize until they did amnesty how many people would owe $0, since it turns out a LOT of people start paying and just couldn't keep it up. Many had already paid more than the $250 but, as you say, a lot of folks just didn't know Amnesty was going on. IMO DPS should calculate which drivers would qualify for Amnesty without paying any money and just give it to them proactively instead of requiring them to apply, if only to clear the decks of some of the oldest, most problematic cases.
FWIW, I don't think it was intentional that the amnesty was little-known. From what I've seen the DPS staff and commissioners involved would have preferred wider participation. They could have done better on giving notice, but informing that many people is a rather expensive marketing task for which there's no obvious pot of money available. It's true that more could have been done with a little foresight, but they ultimately did the marketing piece I asked them to (including notice of Amnesty in dunning letters), which is all they could immediately afford.
Hey Grits.. I am one of those people who refused to pay ever since 2006. I received amnesty and got my lincense back in less than two weeks. Thanks to you and anyone else who fought so hard to get this ball rolling, I am a licensed driver for the first time in so long!!! Once again, THANKS!
Will an incentive program really help? Isn't more likely one can come up with $90 a month vs. $1500-$2100 (assuming first time offender) in 60-90 days? I think the state will see less as those who can and do pay will pay less with incentives.
4:58, only the DWI surcharges are that high, and they're just 3% of them. I do think this will encourage early payment. Because notice is inadequate, many people never fully understand the whole concept of a three-year fine AFTER they've paid their criminal fines, etc., so lots of people pay the first year and then quit paying. For them, this would let them pay a slightly higher amount in one lump sum and be done with it instead of dragging it all out.
I totally agree it's not a complete solution; the whole DRP needs to go. But just as with the Amnesty rules, etc., IMO incremental change is still better than the status quo.
John D, you're welcome, I'm glad it worked out for you. Feel free to hit the PayPal button in the sidebar if you want to express your gratitude more concretely! :)
Am I the only one seeing this as still being a violation of our Constitutional rights? This is the root of what's wrong with this entire program. Double jeopardy in it's clearest visual form. So now it's back to "well, give us a little money and we won't mess with you, something is better than nothing". Citizens are still being punished twice for the same crime no matter how many amendments / band aids you put on this ill conceived program. Makes me think of licking the spoon to make sure nothing was left. Nothing but a money grab!
Randy, you are right, of course. It was always a money grab, and, to their credit, many of the people who passed it didn't deny that. It was passed during the last budget "crisis". And, as Scott says, this year was the wrong year to try to get rid of it because of an even bigger budget crisis. Reason flies out the window. They just see it (repeal) as turning loose of some money, which they are unwilling to do. Never mind the hardship, unlicensed and uninsured drivers, DWI violators not being prosecuted for DWI, etc. Just sickening politics as usual. I'll be glad when these guys finish screwing us and go the hell home!
My son has received a couple of these and his license is revoked. Where can I get info on what to do about them. He was just released from state jail and really qualifies as indigent. Anyone know?
Keep your eyes open, Amy, et. al.. Within the next few weeks DPS is supposed to announce the details of how to apply for the indigency program for which rules were approved last fall. I'll link to the particulars on Grits when they come out.
Thanks Grits. I appreciate it. I never had an interest in the matters of Criminal Justice and TDCJ until I had to interact with the system first-hand. Now what happens matters to me. Thanks for your very informative blog.
I was assessed $1040.00 a year for three years and have paid two years in full. I wonder if the new rules will "write off" my third year since I have already paid 66% of my total assessed "money grab".
Russell, they would have if you'd applied for the Amnesty program that just ended. Sorry you missed out on that, there are a lot of folks like you who began paying and just couldn't keep it up.
I tried to get my surcharge paid, but it was impossible on a fixed income of $674/month and paying my rent and utilities.
I don't understand why my surcharges couldn't be discharged per the Texas Code of Criminal Procedures (Waiver of Hardship)
I couldn't get anyone, at any level, to explain this to me.
What about those that simply can't afford to pay the state? I've done my time for my crime, went to court where my fine was waivered due to hardship, and now....
I recently paid an outstanding ticket only to find out that I have $1000. plus in these surcharges. My husband works, but has recently had a pace-maker put in so that has put us way behind in our bill paying. What are we to do if our spouse works but we do not? I have been at home with my children for 12 years now and have just recently gotten a new job that I have yet to start. What should we do IF we do not qualify for this program. I did not know about this Amnesty program until it was already over!!!! They should have at least posted it on the local news stations!!!!
Thanks for listening!!! -K-
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