Tuesday, May 24, 2011

New Indigency, Incentive programs for DPS surcharge

Here's a press release from the Texas Department of Public Safety announcing details of the indigency program for people who owe the Driver Responsibility surcharge:
DPS announces details of DRP Indigency Program
The Texas Department of Public Safety is now offering an Indigency Program for surcharges owed under the Driver Responsibility Program. The Texas Legislature authorized an Indigency program to provide low-income drivers the ability to pay surcharges, bringing them into compliance with the surcharge law and allowing them to become licensed and insured drivers.
The Indigency Program applies only to individuals living at or below 125% of the federal poverty guidelines as defined by the U.S. Department of Health and Human Services (see chart below). The Indigency Program reduction does not apply to any other fees besides surcharges that a driver may owe DPS.
125% of the 2011 HHS Poverty Guidelines
Persons in Family
48 Contiguous States and D.C.
1 $   13,612.50
2 $   18,387.50
3 $   23,162.50
4 $   27,937.50
5 $   32,712.50
6 $   37,487.50
7 $   42,262.50
8 $   47,037.50
For each additional person, add $     4,775.00
Those qualifying for the Indigency Program will pay 10 percent of the original amount owed for all surcharges combined, for a maximum amount of $250. (Service fees will still apply.) Any payments already made will be applied to the reduced amount. If prior payments are more than the reduced amount owed, no payment will be required. There will be no refunds for payments that exceed the indigency maximum.
To request a reduction, drivers must complete the application in full, and the application must be notarized. The completed, notarized application should be mailed to the Municipal Services Bureau (PO Box 16733, Austin, Texas 78761-6733) for processing.
The Indigency Program application is available online by visiting www.txsurchargeonline.com or calling the toll-free number 1-800-688-6882 and selecting option 7. Easy-to-read instructions are also included with the application.

Once the application is approved, any surcharge suspensions will be cleared on the applicant’s driving record within three business days. Applicants will be mailed a notice with the reduced amount to pay and the due date. Payment of the reduced amount and other fees that are owed must be received within 180 days from the date of the notice. If payment of the reduced amount is not received by the due date, the suspension of driving privileges will be reinstated. However, the reduced amount will still apply until it is paid in full.
The Driver Responsibility Program, which assesses fees for a variety of driving-related offenses, was passed by the Legislature in 2003 and directed the Department to administer the program. Traffic offenses that carry an automatic surcharge for three years include DWI-related offenses, driving with no insurance, driving while license suspended, driving without a license and accumulating too many points because of tickets. (For example, the fee for a first-time DWI offender is $1,000 per year for three years.) The revenue generated by DRP goes to trauma centers, emergency medical services and the General Revenue Fund.
In related news, the Texas Senate just passed legislation today that would require the Department of Public Safety to implement an "incentive" program to let drivers who want to pay off their surcharge up front do so with a substantial discount to provide greater incentives for compliance, and to prevent so many drivers from beginning to make payments then defaulting before the three years are up. The bill was supported by Grits and hospital interests (who helped negotiate the provisions last year in a DPS working group of which your correspondent was a member), so with luck it will earn the Governor's approval and DPS can implement the rules, which were enshrined in the Texas Administrative Code last year but left unimplemented awaiting "direction" from the Legislature. Now that the Lege has provided that direction (and many thanks to Reps Ryan Guillen and Armando Walle along with Sen. John Whitmire for helping push this through), it's time for DPS to move forward and finish the job it began nearly nearly two years ago when this blog first petitioned DPS for rulemaking on the subject.

I'd have much preferred the program were abolished altogether, but these are both quite positive, incremental reforms that demonstrate state leaders are at least aware of the problems caused by this Orwellian-named civil fee, which is charged in addition to regular criminal fines and penalties.


Russell said...

Sounds to me that, since I have paid 26 of 36 payments, or roughly 72% of my assessed total of $3120.00, I should fall under the incentive of paying my bill up front. I am sure the State of Texas will continue to screw me out of the remaining 10 payments, one way or another!

I do hope that the Federal Lawsuit against the State, to rule this outrageous scam unconstitutional, wins and the State is forced to repay all the money that has been paid into the DRP, plus interest. I don't see any repayment happening, but if it wins, I do see the class-action suits on the horizon.

Anonymous said...

Can we get DPS to drop all charges for wrongful conviction? Higher charges.
DPS is charging for a DUI. It's supposed to be Driving Without a License.

Anonymous said...

Can we just get rid of DPS all together?

Gritsforbreakfast said...

9:04, Only prosecutors can drop charges. DPS just administers the surcharge.

Russell, I'm afraid you're right that you won't qualify for the incentive program. Sorry, amigo. Truly. Until next session, at least, that lawsuit is indeed likely the best chance for abolishing the thing entirely.

Jayson D said...

I have fought to drive to work for over 7 years without a license. Paid thousands of dollars in fines. All of this happened because of one no-insurance ticket. Now years later i am still paying fines to stay out of jail. But i did Receive amnesty. Fourteen thousand Dollars of surcharges where removed from my Debt with MSB. The story doesn't end there Since i was fined so many time without a license Its suspended by the dps until 2012. So i had to pay 500 bucks and get a occupational license. I paid so much, i make under 17 thousand a year and i have nothing! Thanks allot you corrupt selfish insane system of profit. I have no faith in humanity what so ever. Overpopulated backwards evolved monkeys.

Anonymous said...

Im so broke paying surcharges it makes me want to move out of Texas they catch me some how some bogus way to take my money i cant even eat a decent meal and i've been paying thousands since 2004 it never ends. It causes more problems,everytime i catch up with bills and get out of this deep hole im in they spit on me and push me right back in and then they suspend my license and want it all up front now because i was late twice they got the money 1 or 2 days after the deadline this isnt fair at all

Anonymous said...

Thank you for your efforts in keeping this as a current topic. It's kept me current better than any source.

Anonymous said...

I was told i fell one month short of the amnesty program, so i started paying the 3 surcharges a month back in July. I should be finished by June of 2012. Its been a struggle just to pay this nonsense surcharge, i hope i can take advantage of that incentive program soon. Im not sure if id even qualify even if it was passed before June???

Anonymous said...

I dont qualify for the indigent program because I live house to house, no stability and no proof that I am actually indigent. what proof do they want? they denied me before for stating that my bank account balance was zero. they said i wasnt supposed to put a zero in the box when i applied, to leave it blank. alot of fuckin loopholes u gotta jump through to get anywhere but if u sit down and can focus long enough without blowing up at these people you can figure out a loophole. i am trying to get my baby mama to prove that i am HER dependent but she is scared the state will think i am living with her or somethingand her benefits get taken away with her pussy ass. no backbone ass bitch. iam 6000 dollars behind just by driving while liscence invalid trying to get to work. i cant keep a job long enough to pay my surcharges either without going to jail. fuck a sr-22 insurance i had to pay 200 a month and i dont even have a dwi and that wasnt even full coverage, just liability. what fuckin proof do they want that i am below guidlines...stupid shit fuck everybody. u better not be on child support either.but there is hope. i pray.

Anonymous said...

Don't look for any relief soon people... This is a capitalist country, where you are a number, and have no human qualities whatsoever. Also, if you notice, the police DO NOT patrol wealthy areas, where people drive horribly without reprimand. No, they focus on us poor folks, rape our livelihoods, and cripple us financially to guarantee there is always a class beneath the boot to step on. Start signing your tickets "under duress", because by law, the majority of us are "traveling". Traffic laws only apply to commercial operators... Hence the CLASS C on your license... BY LAW YOU ARE ALLOWED TO TRAVEL WHEREVER YOU WANT WITHOUT A DAMN CARD OR FINANCIAL BACKING.... These cases have been won, and we all need to start fighting these pigs on the wing.

Saul canales said...

Isn't double jeopardy illegal?....2 punishments for one offense...so you get punished in county court then you get more penalty from a surcharge....

Unknown said...

I've sent in a application for the indigent program 4 times! Every time there is some crap reason I get rejected. The last two times they "forgot " to reset my application to be reviewed. Every time I send a new application there is some reason it doesn't get approved. Has anyone every got approved?