Repealing the Texas Driver Responsibility Program: A Good Idea?

May 13, 2011

In 2003, Texas implemented the Texas Driver Responsibility Program. The Texas legislature thought the program would be an optimal way to combat problems like drunk-driving accidents, and budget shortfalls. However, critics say the program has been a failure and are now urging the legislature to repeal the program.

What is the Texas Driver Responsibility Program?

The Texas Driver Responsibility Program requires drivers who accumulate points on their driver's license for certain traffic citations or who are convicted of certain traffic offenses to pay a fine known as a surcharge. This surcharge is on top of any fees and/or penalties resulting from the citation or conviction. The program began September 1, 2003, and is still in effect.

Surcharges vary depending on the offense, from $100 for individuals who accrue six or more points on their driver's license and up to $2000 for an intoxicated driving conviction. If a driver fails to pay the surcharge, he or she will be assessed hefty collection fees and/or lose his or her driver's license.

Reason for Repeal #1: Ineffective Revenue Source

Legislators had hoped that the program would provide much needed state revenue for hospitals and highway projects. However, drivers are not paying the surcharges.

Whether surcharges are unpaid intentionally or because of drivers are unable to pay due to economic factors, as of January 2010, Texas has only collected $271 million. Consequently, trauma centers have received less financial help than was expected and highway projects have yet to receive any monetary support from the program.

According to the Texas Department of Public Safety, if the surcharges had been collected from every driver that falls under the program guidelines, from September 2003 to January 2010 the state would've pocketed $2.2 billion in revenue.

Reason for Repeal #2: Decreased DWI Conviction Rates

Further, a recent report from the Senate Criminal Justice Committee reveals that the program has actually led to a decrease in conviction rates and dismissal of more DWI offenses. Because of the high cost of the surcharge, more and more defendants have requested jury trials, instead of simply paying the fee or pleading guilty, so they can avoid being slapped with the additional surcharge. This, in turn, forces prosecutors to bargain for a plea to a lesser offense instead of taking the case through an expensive trial.

DWI convictions have lowered despite drunk-driving citations remaining steady.

The Future of the Texas Driver Responsibility Program

Rep. Lon Burnam (D-Fort Worth) introduced a bill to terminate the Driver Responsibility Program, saying that the law is a "classic example of legislation that had incredible unintended consequences."

However, not everyone is in agreement on discontinuing the program. Rep. Leo Berman (R-Tyler) says that if the program was eliminated, it would cost the state about $86 million a year in revenue. Burnam, the bill's sponsor, counters that the bill would call for a tax increase on cigarettes to make up for the lost income to the state.

It remains to be seen whether the Texas legislature will repeal the law. Some say that the revenue from offenders will increase once the economy rebounds. Critics like Rep. Lon Burnam (D-Fort Worth), however, say that the program was an "ill-conceived law" and should be repealed.

John Whitmire, Democratic Senator of Houston and Chairman of the Criminal Justice Committee, is sponsoring a similar bill to repeal the law in the state Senate.

Currently, three other states, including Michigan, New York and New Jersey, have similar Driver Responsibility programs.

Article provided by Weinstein Law
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