#268 Dec 1, 2010
Amnesty, Incentive and Indigency Programs
The Department has developed administrative rules to offer reductions on surcharges. The proposed rule was adopted by the Public Safety Commission on October 21, 2010, and the final rule will be published in the Texas Register on November 5, 2010. The Department expects to be able to offer the Amnesty program by January 2011, and the Indigency program will begin in April 2011. The Incentive program will be evaluated for future implementation. Additional information regarding eligibility criteria and the application process for these programs will be made available in December.
There is a separate Indigency program required by law, under Transportation Code, Section 708.158. This section provides for the waiver of a surcharge if a court determines an individual is indigent at the time of the conviction. The court will be required to notify the Department of the indigent status, and the surcharge will be waived. The effective date of this section is September 1, 2011. Therefore, the Department is not currently authorized to waive a surcharge for indigency until the effective date.
Here is the amendment. I suspect there will be alot of people applying for food stamps and stop this crap for the state.
#269 Dec 1, 2010
@John... how do you apply or find the info for these new laws
#270 Dec 1, 2010
go to the website above and scroll down until u reach..Chapter 15 and read down and it describes all the programs and how to apply. You will have to read alot to get to it but its there!!!
#271 Dec 1, 2010
Here it is the new section:
The new section is adopted pursuant to Texas Government Code,§411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code,§708.157(a), which authorizes the department to establish a periodic amnesty program for holders of a driver's license on which a surcharge has been assessed for certain offenses; Texas Transportation Code,§708.157(b), which authorizes the department to establish an incentive program for holders of a driver's license on which a surcharge has been assessed for certain offenses; and Texas Transportation Code,§708.157(c), which requires the department to establish an indigency program for holders of a driver's license on which a surcharge has been assessed for certain offenses.
§15.163.Amnesty, Incentive and Indigency Programs.
(a) Amnesty program. The department is authorized to provide for a periodic amnesty program under the Driver Responsibility Program, Texas Transportation Code,§708.157(a). Periodic amnesty reductions will be offered at the department's discretion, and the public will be notified of each amnesty period.
(1) Amnesty will apply to individuals who have been in default for a specified amount of time prior to the announcement of amnesty. The department will determine the amount of time in default for each amnesty period.
(2) To be eligible for the amnesty reduction, each individual will be required to complete an application online at www.txsurchargeonline.com or by telephone at 1-800-688-6882. Each applicant eligible for amnesty will be required to pay 10% of the total amount of surcharges assessed, not to exceed $250.
(3) The total amount is based on all offenses on the driver record at the beginning of each amnesty period, including annual surcharges that have not been assessed for the offenses. If a new offense is reported and a new surcharge assessed after the beginning of the amnesty period, the reduction will not apply to the new surcharge.
(4) Once the department determines the applicant is eligible for amnesty, the department will rescind the suspension of driving privileges for each applicant that receives amnesty.
(5) Payment of the reduced amount must be received by the end of the amnesty period.
(6) A notice will be sent to each applicant receiving amnesty and will provide the last date to pay and the balance due.
(7) If the applicant has made payment(s) prior to approval for the reduced payment, the prior payment(s) will be applied to the reduced payment.
(A) If the prior payment(s) is less than the reduced payment, the driver will be required to pay only the difference.
(B) If prior payment(s) exceeds the reduced payment, the driver will not be required to make a payment. Any prior payments that exceed the reduced payment will not be processed for a refund.
(8) The compensation authorized by Texas Transportation Code,§708.155(c) applies to the reduced payment.
(9) If the reduced payment is received after the end of each amnesty period, the payment will be applied to the oldest outstanding surcharge account(s), and the individual must comply with the original surcharge assessment(s).
(10) An individual will be eligible to receive amnesty only once every three years.
(b) Incentive program. The department is authorized to provide for an incentive program under the Driver Responsibility Program, Texas Transportation Code,§708.157(b). The incentive program is not implemented with the adoption of the rule but will be implemented at the department's discretion.
#272 Dec 1, 2010
Its big had to post in 3 parts here is the rest:
(1) The incentive program will consist of two separate programs for reductions. The first program is a one-time reduced payment of all three years of surcharges, and the second program is a reduction of subsequent year(s) of surcharges for maintaining compliance with the prior year(s) surcharge requirement.
(2) For purposes of the incentive program, eligibility is defined as an individual living above 125% of the poverty level as defined annually by the United States Department of Health and Human Services but less than 300% of the poverty level. An individual must meet this definition to be eligible for a reduction. The determination of eligibility will be made by the department or its designee.
(3) Each individual assessed a surcharge may make a one-time payment for all three years of surcharges at a reduced amount to receive full compliance with the surcharge requirement.
(A) To request a reduction of the surcharge under this section, an individual assessed a surcharge must submit the department approved application. The application must be completed in full prior to submission. The application is available online at www.txsurchargeonline.com or may be picked up in person at any driver license office.
(B) The applicant may pay 50% of all three years of surcharges assessed for each offense within 30 days of the date of the surcharge notice to receive full compliance.
(C) The applicant may pay 60% of all three years of surcharges assessed for each offense within 60 days of the date of the surcharge notice to receive full compliance.
(D) The applicant may pay 70% of all three years of surcharges assessed for each offense within 90 days of the date of the surcharge notice to receive full compliance.
(E) The compensation authorized by Texas Transportation Code,§708.155(c) applies to the reduced payment.
(4) Each individual assessed a surcharge may receive a reduction on subsequent surcharge assessments for compliance with the annual surcharge. The reduction will be automatic at the time of the annual review of the surcharge.
(A) If the first year surcharge for each offense is paid in full, the second year surcharge will automatically be reduced by 50% of the annual surcharge amount.
(B) If the second year is paid in full, the third year will automatically be reduced by 75% of the annual surcharge amount.
(C) Each annual surcharge must be paid in full prior to the next annual surcharge to receive the reduction.
(D) The compensation authorized by Texas Transportation Code,§708.155(c) applies to the reduced payment.
(c) Indigency program. The department is required to provide for an indigency program under the Driver Responsibility Program, Texas Transportation Code,§708.157(c).
(1) For purposes of the Driver Responsibility Program, indigency is defined as living at or below 125% of the poverty level as defined annually by the United States Department of Health and Human Services. An individual must meet the definition of indigency to be eligible for a reduction. The determination of indigency will be made by the department or its designee.
#274 Dec 1, 2010
not sure what happen
#275 Dec 1, 2010
I have to go but will try to post it again later...Sorry guys.
#276 Dec 1, 2010
Heres my take on this, the state is being forced to allow this because of the fedreal government once people start applying for food stamps to become elegable the gov is not going to like it so thier dragging thier feet heres when it will take effect.
" The court will be required to notify the Department of the indigent status, and the surcharge will be waived. The effective date of this section is September 1, 2011. Therefore, the Department is not currently authorized to waive a surcharge for indigency until the effective date"
#277 Dec 7, 2010
I am interested in protesting this too please inform me of what I need to do patrickslifeis [email protected]
#278 Dec 7, 2010
So pretty much you are saying if you are not a indigent and are struggling... then too bad...you have to pay. Where's the justice for ALL?
#279 Dec 7, 2010
So, is there anything that can be done?
Doesn't sound like it. I just found out today that my license has been suspended and I'm now a year behind in paying Texas surcharge. I got my DWI in the state of Arkansas. Paid all of my fees to Arkansas and Texas that I knew about. I did not know I had to pay a surcharge and was not notified. I was told they had the wrong address, but they seem to have the right address when they suspended my license the 1st time, 6 months after Arkansas, and they got it right again today. The 12 months in between the mail go lost, I guess.
Where is the petition, what can we do?
#280 Dec 8, 2010
"I was told they had the wrong address, but they seem to have the right address when they suspended my license the 1st time, 6 months after Arkansas, and they got it right again today. The 12 months in between the mail go lost, I guess"
Its a scam they never tried to contact you, you now owe 100$ to reinstate your license on top of everything else.
They did the same thing to me about four years ago.
#281 Dec 8, 2010
I am a father of 3 children and am affected directly by the Surcharge Program. I have to drive to get to and from work, or take my children to the doctors appointments. My liscense has been suspended for quite sometime now, and seeing as how I am forced to walk where I need to go, I barely make enough money to pay the bills. I understand the initial penalty for driving without insurance, but for 3 years I have to pay another fine. I need my liscense back to find a better job. I am educated, a college grad, plus I have 2 trade schools under my belt, and am a handyman of all aspects so to speak. Due to this ridiculous program, all the money and education I have, is simply being wasted.
#282 Dec 8, 2010
The only way to stop this abuse of power is to contact your local state representive (via Email)nothing else will do a thing if you don't contact them then just pay the money.
These elected officals don't give a f#$k about any of us unless you email them and threten to vote them out of office if this is allowed to continue.
Alot of us deserive this because we let them get away with this by not voteing.
Look the last election Rick Perry is still in office and the trans texas corrider is being brought up again under a diffrent name.
#283 Dec 9, 2010
What rules are those?
The right to trail?
The right to not be judged and prosecuted twice for the same crime?
Or the right for poor Texans to feed their famalies.
Just another one of the minions who has to pay close to $300 a month because the State "said so".
Do you know that Texas is the only state that does this and it is illegal?
#284 Dec 9, 2010
if you obeyed the rules you would not have a surcharge to pay! Sorry about your bad luck"
This comment is a result of stupid people who have the money to "obey the rules" her husband probably pays her insurance bills, So it becomes a matter of if they don't have bread let them eat cake.
Also because its the law doesnt make it right.
#285 Dec 10, 2010
Laws are not set in stone, they can be changed. The guy who helped pass this once was stopped for DWI and he got it dismissed. Hmmm...interesting. I wonder if he is still on MADD's good side. If you got the money, you can get out of anything. I still say, where's the justice and I would like to know if anyone is really doing something about this since this thread started back a few years ago. You have alot of people who want to petition this and we all need to know how and when. Thank you.
#286 Dec 11, 2010
Madd doesn't run this anymore from what I understand the state is just useing the name so people think its run by women.
As you stated theres nothing that can be done people comeing here just want other people to do something for them and the politicians are takeing advantage of that if you don't vote they don't care.
If you don't want to help yourself then pay the money and drink a tall glass of STFup.
#287 Dec 13, 2010
My dl has been suspended for over 5 years because of this abuse of power. I owe over $3K all for speeding, I paid the court my fines but Texas doesnt think thats good enough.
LESS GOVERNMENT = MORE FREEDOM
#288 Dec 17, 2010
Finally got my sentence last week. 14 months probation, 40 hrs community service,$1700 in fines/costs. DWLI class, who knew that existed? I did manage to get the DWLI surcharge waived as well as the conviction pending completion of probation. All in all, a load of horseshit. One of terms of the probation is a psychological evaluation...seriously. Apparently, they do that to everyone regardless of what you were charged with, mine was just DWLI.
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