DWI/DUI Practice Center

Drivers Responsibility

SUBCHAPTER A. GENERAL PROVISIONS

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

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

Sec. 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.

[Sections 708.004-708.050 reserved for expansion]

SUBCHAPTER B . DRIVER'S LICENSE POINTS SURCHARGE

Sec. 708.051 . NONAPPLICABILITY. This subchapter does not apply to:

(1) a conviction that became final before September 1, 2003; or
(2) an offense covered by Subchapter C.

Sec. 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 45.05 1 or 45.0511, Code of Criminal Procedure.

Sec. 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.

Sec. 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.

Sec. 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.

[Sections 708.056-708.100 reserved for expansion]

SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE SUSPENSIONS

Sec. 708.101 . NONAPPLICABILITY. This subchapter does not apply to a conviction that became final before September 1, 2003.

Sec . 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-mnonth 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.

Sec. 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.

Sec. 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 521.02 1.
(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.

[Sections 708.105-708.150 reserved for expansion]

SUBCHAPTER D . COLLECTION OF SURCHARGES

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 under this chapter. The total amount of compensation may not exceed the amount set in Article 103.003 1, Code of Criminal Procedure.

Sec. 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.

This is the new governors bill that attaches (surcharges) between $250-$2,000 for a variety of driving offenses including DWI, DWLS. Goes into effect September 1, 2003.