What is the Texas Driver Responsibility Program?

Q: What is the Driver Responsibility Program?

A:The Driver Responsibility Program can be located in Transportation Code Chapter 708 and was enacted by the 78th Texas Legislature (House Bill 3588). This law requires the Department to assess surcharges based on certain traffic offenses. This program does not replace other administrative suspension, or revocation actions that result from these same convictions. The surcharges assessed for this program are in addition to other reinstatement fees required for other administrative actions.

Q: How does DRP work?

A: Surcharges are assessed using one of two methods.

POINTS: Points are assessed to moving violations classified as Class C misdemeanors. The Department will assign points to a person's driver license as follows upon conviction:

• Two points for a moving violation conviction in Texas or that of another state. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89 which includes a list of those violations that will be assigned points.
• Points will not be assigned for speeding less than 10% over the posted limit or for seat belt violations.
• Child Safety Seat violations will accrue two points.
• Three points are assigned for a moving violation conviction in Texas or another state that resulted in a crash.

The Department will assess a surcharge when the driver accumulates a total of six (6) points or more on their driver record during a three-year period. The surcharge assessment will be reviewed annually. If the driver record continues to reflect six or more points during the prior three-year period, the surcharge will be assessed.

Therefore, drivers may be required to pay for one or more years if six or more points continue to accumulate on the driver record. The driver must pay a $100 surcharge for the first six points and $25 for each additional point. Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record.

OTHER: Surcharges are also assessed for certain convictions as defined by law. The surcharge amount varies based upon the type of violation committed. No points are accessed for these offenses because the surcharge is automatic upon conviction. The offense information and associated surcharges are listed below:

• Driving While Intoxicated or a DWI-related offense
  • First time offense = $1,000
  • Second or subsequent offense = $1,500
  • DWI with Blood Alcohol Content 0.16 or greater = $2,000
• Failure to Maintain Financial Responsibility= $250
• Driving While Driver License Invalid = $250
• Driving without a Valid Driver License (i.e. No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle) = $100

Surcharges, which are cumulative, are automatically assessed for these convictions. For example, an initial conviction for DWI will be assessed $1,000 annually, and a subsequent DWI conviction within the same three-year period will be assessed an additional $1,500 annually.

Q: How many points are on my driving history?

A: To obtain a list of the traffic convictions posted to your driving history, a copy of your driver record may be purchased for a fee. Driver records may be purchased online or by submitting a written request through the mail. Click here for more information on purchasing a copy of your driver record.

Q: How do I know which traffic offenses will result in points?

A: Traffic offenses resulting in points are designated by 37 TAC §15.89. Please view the "attached graphic" for the list of violations.

Q: Do offenses which occurred prior to September 1, 2003 count under the Driver Responsibility Program?

No. Due to amendments to Transportation Code Chapter 708, by House Bill 2 in the Third Special Session of the 78th Legislative Session, only offenses that occur on or after September 1, 2003 will be assessed points or surcharges.

Q: What about out of state convictions; will they accrue surcharges?

A: Yes. Any conviction for a traffic offense that meets the definition of a moving violation will accrue points. Any out of state conviction relating to the operation of a motor vehicle while intoxicated will be assessed the DWI surcharge. Other conviction based surcharges require convictions under specific Texas statutes; therefore, out of state convictions for Driving While License Invalid, No Driver License, and No Insurance will not be assessed a surcharge.

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Q: What is the State going to do with the money collected under DRP?

A: The revenue collected will be directed to the Texas Trauma Center Fund and the Texas General Revenue Fund. Each will receive 49.5% and the Department will receive 1% for administration of the program.

Questions about Surcharges, Payments, and Payment Options

Q: How do I know when to pay a surcharge?

A: You will be mailed written notice of the surcharge requirement to the address of record on file with the Department. To change your address you may visit your local Driver License Office or you may be eligible to change your address online at www.Texas.gov.

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Q: I don't have a Texas driver license so why do I have to pay a surcharge?

A: Individuals who have a Texas Identification Card or have an unlicensed driver history who receive convictions that qualify under the Driver Responsibility Program must pay the surcharge. If these individuals fail to submit the payment, the Department will suspend their driving privilege in Texas. This not only prevents issuance of a Texas driver license but may also affect their ability to obtain or renew a driver license in other states.

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Q: I have multiple convictions for "No Insurance" that require the filing of an SR-22, will I also have to pay a surcharge?

A: Yes. Any violation that occurred on or after September 1, 2003 will incur a surcharge of $250 each year for 3 years