Driver Responsibility Law
The Driver Responsibility law (TRC § 708; Article 10, House Bill 3588, 78th Legislative Session) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s driver record as follows:
- 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 convictions.
- Child Safety Seat Violations will accrue two points.
- Three points for a moving violation conviction in Texas that resulted in a vehicle crash.
Points accrued remain on the driver record for a period of three years from conviction date. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The surcharge assessment will be reviewed annually. If 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 forone or more years if six or more points continue to accumulate on the driver record. The driver is required to 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.
Annual surcharge for certain convictions
Drivers who receive a conviction for any of the following offenses that occur on or after September 1, 2003 are required to pay an annual surcharge for three years from the date of conviction.
- Driving While Intoxicated (DWI), or a DWI-related offense
- First Conviction – $1,000 annual surcharge
- Second or subsequent Conviction – $1,500 annual surcharge
- DWI with Blood Alcohol Content .16 or greater – $2,000 annual surcharge
- Failure to Maintain Financial Responsibility
- Driving While License Invalid
- Driving without a Valid License (i.e.; No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle).