Houston Traffic Ticket Lawyer

Texas Driver Responsibility Program
Home | FAQs About Traffic Tickets | About The New Texas Points System | Traffic Courts | Attorney Profile | Directions to Office | Traffic Ticket Resources | Contact Us

TRANSPORTATION CODE

CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS


§ 708.001.  DEFINITIONS.  In this chapter, "department" and "license" have the meanings assigned by Section 521.001.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.002.  RULES.  The department shall adopt and
enforce rules to implement and enforce this chapter.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.003.  FINAL CONVICTIONS.  For purposes of this chapter, a conviction for an offense to which this chapter applies is a final conviction, regardless of whether the sentence is probated.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   

SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE



§ 708.051.  NONAPPLICABILITY.  This subchapter does not apply to:   
     
(1)  an offense committed before September 1, 2003;  or                      
 
(2)  an offense covered by Subchapter C.                                     

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.03, eff. Jan. 11, 2004.


§ 708.052.  ASSIGNMENT OF POINTS FOR CERTAIN
CONVICTIONS. 
 
(a)  The driver's license of a person accumulates a
point under this subchapter as of the date the department records a conviction of the person under Section 521.042 or other applicable law.

(b)  For each conviction arising out of a separate
transaction, the department shall assign points to a person's license as follows:

(1)  two points for a moving violation of the traffic
law of this state or another state that is not described by Subdivision (2);  and

(2)  three points for a moving violation of the traffic
law of this state, another state, or a political subdivision of this or another state that resulted in an accident.

(c)  The department by rule shall designate the offenses that constitute a moving violation of the traffic law under this section.

(d)  Notwithstanding Subsection (b), the department may not assign points to a person's driver's license if the offense of which the person was convicted is the offense of speeding and the person was at the time of the offense driving less than 10 percent faster
than the posted speed limit.  This subsection does not apply to an offense committed in a school crossing zone as defined by Section 541.302.

(e)  Notwithstanding Subsection (b), the department may not assign points to a person's license if the offense committed by the person was adjudicated under Article 45.051 or 45.0511, Code of Criminal Procedure.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.053.  ANNUAL SURCHARGE FOR POINTS. 
 
Each year, the department shall assess a surcharge on the license of a person who has accumulated six or more points under this subchapter during the
preceding 36-month period.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.054.  AMOUNT OF POINTS SURCHARGE. 
 
The amount of a surcharge under this chapter is $100 for the first six points and $25 for each additional point.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.055.  NOTICE OF ASSIGNMENT OF FIFTH POINT. 
 
The department shall notify the holder of a driver's license of the assignment of a fifth point on that license by first class mail sent to the person's most recent address as shown on the records of the
department.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   

SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE
SUSPENSIONS



§ 708.101.  NONAPPLICABILITY. 
 
This subchapter does not apply to an offense committed before September 1, 2003.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.03, eff. Jan. 11, 2004.


§ 708.102.  SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES. 
 
(a)  In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.

(b)  Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a
motor vehicle while intoxicated.

(c)  The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

(1)  $1,500 per year for a second or subsequent
conviction within a 36-month period;  and

(2)  $2,000 for a first or subsequent conviction if it
is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

(d)  A surcharge under this section for the same conviction may not be assessed in more than three years.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.103.  SURCHARGE FOR CONVICTION OF DRIVING WHILE LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. 
 
(a)  Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been convicted
of an offense under Section 521.457, 601.191, or 601.371.

(b)  The amount of a surcharge under this section is $250 per year.         

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1,
2003.   


§ 708.104.  SURCHARGE FOR CONVICTION OF DRIVING WITHOUT VALID LICENSE. 
 
(a)  Each year the department shall assess a
surcharge on the license of a person who during the preceding 36-month period has been convicted of an offense under Section 521.021.

(b)  The amount of a surcharge under this section is $100 per year. 
        
(c)  A surcharge under this section for the same conviction may not be assessed in more than three years.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   

SUBCHAPTER D. COLLECTION OF SURCHARGES


§ 708.151.  NOTICE OF SURCHARGE. 
 
The department shall notify the holder of a driver's license of the assessment of a surcharge on that license by first class mail sent to the person's
most recent address as shown on the records of the department.  The notice must specify the date by which the surcharge must be paid and state the consequences of a failure to pay the surcharge.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.152.  FAILURE TO PAY SURCHARGE. 
 
(a)  If before the 30th day after the date the department sends a notice under Section 708.151 the person fails to pay the amount of a surcharge on the
person's license or fails to enter into an installment payment agreement with the department, the license of the person is automatically suspended.

(b)  A license suspended under this section remains
suspended until the person pays the amount of the surcharge and any related costs.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.153.  INSTALLMENT PAYMENT OF SURCHARGE. 
 
(a)  The department by rule shall provide for the payment of a surcharge in installments.

(b)  A rule under this section:     
                                          
(1)  may not permit a person to pay a surcharge: 
                            
(A)  of less than $2,300 over a period of more than
12 consecutive months;  or

(B)  of $2,300 or more over a period of more than
24 consecutive months;  and

(2)  may provide that if the person fails to make a
required installment payment, the department may declare the amount of the unpaid surcharge immediately due and payable.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.154.  CREDIT CARD PAYMENT OF SURCHARGE. 
 
(a)  The department by rule may authorize the payment of a surcharge by use of a credit card.  The rules shall require the person to pay all costs incurred by the department in connection with the acceptance
of the credit card.

(b)  If a surcharge or a related cost is paid by credit card and the amount is subsequently reversed by the issuer of the credit card, the license of the person is automatically suspended.

(c)  A license suspended under this section remains
suspended until the person pays the amount of the surcharge and any related costs.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   


§ 708.155.  CONTRACTS FOR COLLECTION OF SURCHARGES. 
 
The department may enter into a contract with a private attorney or a public or private vendor for the provision of services for the collection of surcharges receivable and related costs under this chapter.  The total amount of compensation may not exceed 30 percent of the amount of the surcharges and related costs collected.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.04, eff. Jan. 11, 2004.


§ 708.156.  REMITTANCE OF SURCHARGES COLLECTED TO COMPTROLLER. 
 
Each surcharge collected by the department under
this chapter shall be remitted to the comptroller as required by Section 780.002, Health and Safety Code.

Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.   

Houston Ticket Lawyer Attorney

 Attorney Kameron Searle, 9111 Katy Freeway, Suite 202, Houston, Texas 77024 
713-880-4529

Houston Traffic Ticket Lawyer