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Texas Surcharge Program
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The Texas Surcharge Program Is Being Abolished!
That is right! Effective September 2019, this article will no longer be accurate. We suggest you click on the Texas Surcharge Update link to read more about the changes to the program. This article will remain on our site only to archive the history of the law itself. Congratulations to those that had surcharges and will be impacted positively by this change!
Dallas Ticket And Warrant Lawyer
There are a lot of misunderstandings about what the surcharge program is and how it actually works. For this reason a lot of good people end up in the program and never really knew what it was they did wrong until it is too late. This article is intended to help those who may be faced with surcharge issues in an attempt to educate and inform. Hopefully by the end of this article, the reader will have a solid understanding of what the program is and how to avoid becoming a part of it. If you would like to discuss your particular situation with an experienced legal team, feel free to contact our Dallas Ticket Attorneys today.
What Is The Surcharge Program?
The surcharge program is a set of laws that directed Texas DPS to begin to punish those drivers who are considered “high risk” in an attempt to make the roadways safer. It was sold on the proposition that the money that was collected from any financial penalties handed down would go to fund hospitals, etc. The actual effectiveness of this has been a huge failure. In fact, there are representatives in Texas that are trying to get rid of the surcharge program because they feel they were lied to by the governor about the use of the funds and the actual collection of the penalty fees. To watch the video of Representative Larry Gonzalez propose the repeal of the surcharge program click here.
For now however, this is not the case. The surcharge program is still alive and well in Texas and should be treated as such. So how does it work on a pragmatic level? Texas DPS has the following statement about the program and how it should be implemented:
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Driver Responsibility Program
The Driver Responsibility Program establishes a system that authorizes the Texas Department of Public Safety (DPS) to assess surcharges to an individual based on certain traffic offenses that have occurred on or after September 1, 2003. Individuals are notified by mail each time a surcharge is added to their driver record. Surcharges are in addition to other fees and do not replace a suspension, revocation, denial, disqualification or cancellation resulting from the same conviction.
Surcharges are assessed in two ways:
- Point System, and
- Conviction Based.
Individuals who have both points and convictions reported to their driver record will receive separate surcharges for each offense; a surcharge for the points and a surcharge for the conviction(s).
Points are assessed for traffic convictions. Once the conviction has been added to the driver record, points are assigned and remain on the driver record for three years from the date of conviction.
- Two points are assessed for a Texas or out-of-state traffic conviction.
- Three points are assessed for a Texas or out-of-state traffic conviction that resulted in a crash.
NOTE: Points are not assessed for individuals who take defensive driving.
Individuals who have six or more points on their driver record are assessed a surcharge every year they maintain six or more points. Surcharges amounts are:
- $100 for the first six points on a driver record.
- $25 for each additional point after six.
Individuals who receive a conviction for one of the offenses listed in the chart below will pay an annual surcharge for three years from the date of conviction. Points are not assessed for these offenses because the surcharge is automatic upon conviction.
Convictions are added to the driver record once DPS receives notification from the court. As a result, there may be a delay between the date of the actual conviction and when the conviction is added to a driver record.
| Type of Conviction | Surcharge* |
|---|---|
| 1st Driving While Intoxicated (DWI) Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter |
$1,000 |
| Subsequent DWI Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter |
$1,500 |
| DWI with Blood Alcohol Concentration of 0.16 or More Texas or out-of state conviction |
$2,000 |
| No Insurance | $250 |
| Driving While License Invalid (DWLI) Driver license is canceled, suspended, denied or revoked |
$250 |
| No Driver License No driver license or commercial driver license, an expired license or endorsement violation(s) |
$100 |
| *The surcharge amount is assessed every year for three years. | |
No Insurance Conviction
Individuals convicted of No Insurance but who had insurance at the time of the offense can submit proof of insurance to DPS. The suspension for the No Insurance offense will be waived but the individual must still pay the surcharge.
Driver Record Review
DPS reviews surcharge cases annually. A surcharge will be assessed if an individual’s driver record:
- Continues to reflect six or more points, or
- If the underlying conviction for the surcharge is still within three years.
The amount of a surcharge can vary with each annual assessment if convictions are added or removed from the driver record.
DPS Contracts with a Vendor
DPS contracts with an outside vendor (Municipal Services Bureau – MSB) to collect surcharges. This vendor is legally authorized to charge individuals the following service fees in addition to the surcharge.
- A service fee of 4 percent of the original surcharge amount.
- An installment plan fee of $2.50 for each partial payment.
- A credit or debit card fee of 2.25 percent of the payment plus $0.25 (except where prohibited by law).
- An electronic check fee of $2.00 for each payment.
Individuals are mailed notification of surcharges to the address on record with DPS or to the most recent forwarding address on record with the U.S. Postal Service. The letter will include:
- The amount of the surcharge and other collection fees, and
- Information on how to pay.
How To Avoid The Surcharge Program
Avoiding the surcharge program starts with how you get into the program. The only way a person can get into the system is by not properly taking care of their traffic tickets when they get them. For example, If you get a speeding ticket in Dallas Municipal Court and you ignore the violation, then the case will go into warrant status. If you then run down to Dallas Municipal Court and pay the ticket off, then Dallas will report that payment as a conviction on your permanent record to DPS.
Consider DPS a proverbial mom and dad. Consider Dallas Municipal Court the tattle tale sibling. You have to keep the tattle tale quiet so that they don’t tell mom and dad and you get grounded. There are only a few ways to successfully accomplish this task. The best way is to change your point of view about traffic tickets in Dallas County. They are no longer minor. They should all be treated as a serious issue. Serious issues require serious action. This is why many people choose to hire an experienced traffic ticket attorney in Dallas to help assist them with their traffic violations.
Jeff Beltz, Dallas Traffic Attorney
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