Senator Eliot Shapleigh - El Paso, Texas

AUSTIN – Nearly a million Texans have refused to pay state surcharges for driving violations, prompting the Texas Department of Public Safety and a private collection agency to launch a massive telephone campaign to get those drivers to pay up.

Four years after the startup of a program to slap additional penalties on top of regular fines for such offenses as driving while intoxicated, failure to have insurance and driving without a license, the amount of unpaid surcharges also has jumped – to more than $815 million.

That works out to an average of about $840 a driver, with some on the hook for $2,000 or more. The state surcharges are separate from the criminal fines for traffic offenses that are generally paid to counties.

Figures compiled by the Texas Department of Public Safety and provided to The Dallas Morning News indicated that the state has collected about a third of the surcharge penalties assessed against motorists under the Texas Driver Responsibility Program.

A partial amnesty and incentive program ordered by the Legislature two years ago to encourage more drivers to make their payments is expected to help, but it's still awaiting implementation. The goal is to offer reduced fines for those who maintain a clean record and make their payments on time.

DWI offenses carry the biggest surcharges – $1,000 a year for three years on the first conviction, and $2,000 a year where the blood alcohol content is twice the legal limit. No car insurance or an invalid license draws a $250-a-year surcharge for three years.

The original idea was to levy hefty fines for certain violations to discourage those types of offenses and at the same time raise some funding for pressing needs such as trauma care across the state. But the imposition of big fines didn't work out as planned.

"We had shortcomings in the program and tried to fix them two years ago," said state Sen. John Carona, R-Dallas, chairman of the Senate transportation committee. "We still have shortcomings and we'll consider revising the program – or scrapping it – if the problems continue. We may need to find another way to improve compliance with the law."

Mr. Carona said, for example, it may not be reasonable to expect that a driver who is indigent can afford to pay the surcharges on top of criminal fines.

State Rep. Joe Driver, R-Garland, also said the program will have to be carefully examined by lawmakers.

"In a perfect world, this program made sense, making people pay extra fines for breaking the law. But when you have some who are struggling just to keep up with basic living expenses, you have to consider extenuating circumstances," said Mr. Driver, who co-sponsored the legislation last year that gave DPS new options in enforcing the law.

The Garland Republican and insurance agent remains a strong supporter of the program despite its problems.

"These are not just speeding tickets," he said. "These offenses represent a serious violation of the law, and when you break the law you should have to face serious consequences."

Several lawmakers have questioned whether the financial penalties under the program are so high that they are counterproductive and provide an incentive for people not to pay.

But the Legislature took no action to lower the surcharges last year, hoping that DPS could devise ways to boost payments, using its new authority under the law.

Besides allowing the department to use collection agencies – which could be paid up to 30 percent of what they collect – and such carrots as installment payments and partial amnesty programs, DPS officials also can consider increased consequences for nonpayment.

Rebekah Hibbs of DPS, administrator of the program, said the partial amnesty and incentive plan approved in February won't begin until the state's new driver's license system becomes operational, probably in the first half of next year.

"Our amnesty and incentive program is tied to the new driver's license system," Ms. Hibbs said, explaining that it would be difficult to incorporate the changes into the old system that is being phased out.

But the agency has given its private collection agency the green light to contact the 972,000 drivers who have not paid the surcharges they owe, starting with those who are the most delinquent (overdue six months or longer). Drivers initially receive mail notices and then within 30 days will get a "courtesy" call to seek payment or set up a payment plan.

The collection agency is Municipal Services Bureau, which collects delinquent court fines, fees and debts for a variety of governmental entities nationwide.

Under the 2007 legislation, DPS and Municipal Services also are authorized to work with drivers in setting up installment plans if they can't pay the surcharges in lump sums.

Ms. Hibbs said some of those contacted indicated they weren't aware that they owed surcharges to the state.

"We're trying to ensure that these individuals are made aware of the requirements so they can be in compliance," she said.

The incentives next year will offer surcharge reductions of 10 percent to 25 percent for drivers who pay on time and maintain a good driving record.