BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 93

84R29449 AJZ-D

By: Ellis

 

Transportation

 

5/14/2015

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Driver Responsibility Program (DRP) was created in 2003 to help fill a budget shortfall and to encourage people to drive more responsibly. The program requires drivers convicted of certain traffic offenses to pay annual surcharges to maintain their driver's licenses.   If a person fails to pay the surcharge, which is assessed on top of court fines and criminal penalties, it results in an automatic license suspension.

 

While DRP has provided needed funding for Texas trauma care and emergency services, it has also created more problems than it has fixed.   DRP has generated far less revenue than anticipated, it has not improved public safety, and it has increased financial hardships for low-income families.   In addition the program has led to more uninsured drivers on the road.  Since the inception of the program over two million licenses have been suspended.   Currently more than 1.2 million licenses are suspended under the program.

 

C.S.S.B. 93 strikes the majority of the language in the bill and replaces it with a repeal of Section 708.152 of the Transportation Code, which deals with license suspension for failure to pay.  

 

C.S.S.B. 93 amends current law relating to the suspension of a driver's license for failure to pay a surcharge.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 708.151(c), Transportation Code, as follows:

 

(c)  Deletes existing text requiring the Department of Public Safety of the State of Texas (DPS) to send a third notice that advises a person that the person's driving privileges are suspended if on or before the 60th day after the date the second notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with DPS.

 

SECTION 2. Amends Section 708.154, Transportation Code, as follows:

 

Sec. 708.154. CREDIT CARD PAYMENT OF SURCHARGE. Deletes existing text providing that 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. Deletes existing text providing that a license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs. Makes nonsubstantive changes.

 

SECTION 3. Repealer: Section 708.152 (Failure to Pay Surcharge), Transportation Code.

 

SECTION 4. Effective date: September 1, 2015.