Texas Point System and Surcharges for CDL Drivers: The Texas Point System & Surcharges are Abolished!

The nightmare of the Texas Point System, huge Surcharges and the resulting driver license suspensions is over! On September 1, 2019, the Texas Point System was abolished, all outstanding Surcharges were waived, and driver licenses suspended for non-payment of Surcharges were eligible for reinstatement.

Abolishing the Texas Point System impacted all drivers in Texas including CDL drivers! 

The Old Texas Driver License Point and Surcharge Program

On September 1, 2003, the Texas Legislature enacted the Driver Responsibility Program, which authorized the Texas Department of Public Safety to assess Surcharges against individuals based on convictions of certain traffic offenses. This law applied to both CDL and Non-CDL drivers. Surcharges were mandated as a result of either too many points, or for convictions of certain traffic violations. First, drivers were given “points” for convictions of moving violations. When the points reached 6, a $100 Surcharge was assessed. Second, convictions for a few specific violations mandated surcharges as high as $750, including convictions for No Insurance and Driving While License Invalid.

The Texas Surcharge and Point System Nightmare

To be blunt, the Texas Driver Responsibility Program was a disaster! The typical nightmare scenario went something like this: John Citizen, a Texas driver, receives a traffic ticket for No Insurance. Thinking he’s doing his civic duty, timely pays the ticket. The problem is that, paying the ticket results in a conviction, for which the Texas Department of Public Safety (DPS) assesses a $750 Surcharge. Joe Citizen can either pay the $750 upfront or make monthly payments over a 3 year period. Joe Citizen chooses to make monthly payments but eventually forgets to make 1 payment. Unbeknownst to Joe Citizen, DPS suspends his driver license for non-payment of the Surcharge. Joe then gets pulled over for speeding, and not only gets a ticket for speeding, but also for Driving While License Invalid (DWLI). Once again, Joe pays the tickets, thereby receiving convictions for both. DPS assesses another $750 Surcharge against Joe for a conviction for DWLI. Joe now owes $1,500 in Surcharges. So now, Joe’s driver license is suspended, he can’t get auto insurance and can’t pay his Surcharges. But, Joe still has to drive for work and household purposes, which he does. Again, Joe eventually gets pulled over and receives tickets for DWLI and No Insurance. Payment of these tickets results in additional Surcharges of $1,500, bringing Joe’s total Surcharges to $3,000. And the nightmare continued.

Unfortunately, hundreds of thousands of Texas drivers found themselves in the same scenario as Joe Citizen. Many were in debt to DPS for amounts exceeding $5,000. For many, this was a debt they simply could not pay. And, as they continued to illegally drive to fulfill their life’s duties and responsibilities, they continued to incur additional Surcharges.

Texas Governor Greg Abbott Signs House Bill 2048, Ending Points and Surcharges

In June of 2019, Governor Greg Abbott signed into law, House Bill 2048, which ended the Texas Driver License Points and Surcharges System. The law took effect on September 1, 2019. So, what did this mean? Beginning September 1, 2019, all Texas drivers, including CDL and Non-CDL, will no longer be assessed Surcharges, nor given Points, for convictions of ANY traffic violations. Most importantly, ALL outstanding Surcharges were waived. So, for Joe Citizen referenced in the scenario above, on September 1, 2019, his $3,000 in Surcharges was eliminated! This was great news for the roughly 1.5 million Texas drivers, who had suspended driver licenses for non-payment of Surcharges. For those drivers, they were immediately eligible for reinstatement with the payment of a reinstatement fee of $125.

Other Texas Laws Regarding driver License Suspensions Remain Unchanged

House Bill 2048 only abolished the Texas Driver Responsibility Program. Texas DPS remains authorized to suspended Texas Driver Licenses for many other reasons. The following is a brief list of the most common causes of driver license suspensions. This list applies to both CDL and Non-CDL drivers. Driver Licenses may be suspended if it is shown that a driver:

1. has operated a motor vehicle on a highway while the person's license was suspended, canceled, disqualified, or revoked, or without a license after an application for a license was denied;
2. is a habitually reckless or negligent operator of a motor vehicle;
3. is a habitual violator of the traffic laws (i.e. 4 convictions within 12 months or 7 convictions within 24 months);
4. has permitted the unlawful or fraudulent use of the person's license;
5. has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for suspension;
6. has been convicted of two or more separate offenses of a violation of a restriction imposed on the use of the license;
7. has been responsible as a driver for any accident resulting in serious personal injury or serious property damage;
8. is under 18 years of age and has been convicted of two or more moving violations committed within a 12-month period; or
9. has committed an offense under Section 545.421 (fleeing or attempting to elude a police officer)

In addition to the list above, CDL drivers are also subject to suspension or disqualification for many more reasons. For a complete list of the potential causes of CDL Suspensions and Disqualifications, click the link below.

Causes of CDL Revocations, Suspensions or Disqualifications

CDL Violations

Received a CDL Violation?

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CDL Violations In State of Texas

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Texas Point & Surcharges for CDL

Can't Be In Court for a CDL Violation?

CDL Out-of-State Drivers

Why Fight a CDL Violation?

Why You Need a CDL Attorney

CDL Revocation, Suspension or Disqualification

In addition to defending you for your CDL violations, we can also defend your CDL itself in any revocation, suspension or disqualification action almost anywhere in the State of Texas. For further information, see Our CDL Defense Practice.

The Differences Between CDL Revocations, Suspensions and Disqualifications

CDL Revocation, Suspension and Disqualification Procedures and Possible Punishments

Causes of CDL Revocation, Suspension or Disqualification Procedures

Texas Point System and CDL Revocation, Suspension or Disqualification

Dangerous Myths About Suspensions and Disqualifications

CDL Drivers: Don’t Let Them Take Away Your Livelihood!