SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE
 
 Sec. 708.051. NONAPPLICABILITY. This subchapter does not 
apply to: 
 (1) a conviction that became final before September 1, 
2003; or 
 (2) an offense covered by Subchapter C.  
 Sec. 708.052. ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS. 
(a) The driver's license of a person accumulates a point under this 
subchapter as of the date the department records a conviction of the 
person under Section 521.042 or other applicable law.
 (b) For each conviction arising out of a separate 
transaction, the department shall assign points to a person's 
license as follows:
 (1) two points for a moving violation of the traffic 
law of this state or another state that is not described by 
Subdivision (2); and
 (2) three points for a moving violation of the traffic 
law of this state, another state, or a political subdivision of this 
or another state that resulted in an accident.
 (c) The department by rule shall designate the offenses that 
constitute a moving violation of the traffic law under this 
section.
 (d) Notwithstanding Subsection (b), the department may not 
assign points to a person's driver's license if the offense of which 
the person was convicted is the offense of speeding and the person 
was at the time of the offense driving less than 10 percent faster 
than the posted speed limit. This subsection does not apply to an 
offense committed in a school crossing zone as defined by Section 
541.302.
 (e) Notwithstanding Subsection (b), the department may not 
assign points to a person's license if the offense committed by the 
person was adjudicated under Article 45.051 or 45.0511, Code of 
Criminal Procedure.
 Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the 
department shall assess a surcharge on the license of a person who 
has accumulated six or more points under this subchapter during the 
preceding 36-month period.
 Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a 
surcharge under this chapter is $100 for the first six points and 
$25 for each additional point.
 Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The 
department shall notify the holder of a driver's license of the 
assignment of a fifth point on that license by first class mail sent 
to the person's most recent address as shown on the records of the 
department.
 
[Sections 708.056-708.100 reserved for expansion]
 
 
SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND
 
 
LICENSE SUSPENSIONS
 
 Sec. 708.101. NONAPPLICABILITY. This subchapter does not 
apply to a conviction that became final before September 1, 2003.
 Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN 
INTOXICATED DRIVER OFFENSES. (a) In this section, "offense 
relating to the operating of a motor vehicle while intoxicated" has 
the meaning assigned by Section 49.09, Penal Code.
 (b) Each year the department shall assess a surcharge on the 
license of each person who during the preceding 36-month period has 
been finally convicted of an offense relating to the operating of a 
motor vehicle while intoxicated.
 (c) The amount of a surcharge under this section is $1,000 
per year, except that the amount of the surcharge is:
 (1) $1,500 per year for a second or subsequent 
conviction within a 36-month period; and
 (2) $2,000 for a first or subsequent conviction if it 
is shown on the trial of the offense that an analysis of a specimen 
of the person's blood, breath, or urine showed an alcohol 
concentration level of 0.16 or more at the time the analysis was 
performed.
 (d) A surcharge under this section for the same conviction 
may not be assessed in more than three years.
 Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE 
LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) Each 
year the department shall assess a surcharge on the license of each 
person who during the preceding 36-month period has been convicted 
of an offense under Section 521.457, 601.191, or 601.371.
 (b) The amount of a surcharge under this section is $250 per 
year.  
 Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT 
VALID LICENSE. (a) Each year the department shall assess a 
surcharge on the license of a person who during the preceding 
36-month period has been convicted of an offense under Section 
521.021.
 (b) The amount of a surcharge under this section is $100 per 
year. 
 (c) A surcharge under this section for the same conviction 
may not be assessed in more than three years.
 
[Sections 708.105-708.150 reserved for expansion]
 
 
SUBCHAPTER D. COLLECTION OF SURCHARGES
 
 Sec. 708.151. NOTICE OF SURCHARGE. The department shall 
notify the holder of a driver's license of the assessment of a 
surcharge on that license by first class mail sent to the person's 
most recent address as shown on the records of the department. The 
notice must specify the date by which the surcharge must be paid and 
state the consequences of a failure to pay the surcharge.
 Sec. 708.152. FAILURE TO PAY SURCHARGE. (a) If before the 
30th day after the date the department sends a notice under Section 
708.151 the person fails to pay the amount of a surcharge on the 
person's license or fails to enter into an installment payment 
agreement with the department, the license of the person is 
automatically suspended.
 (b) A license suspended under this section remains 
suspended until the person pays the amount of the surcharge and any 
related costs.
 Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The 
department by rule shall provide for the payment of a surcharge in 
installments.
 (b) A rule under this section: 
 (1) may not permit a person to pay a surcharge: 
 (A) of less than $2,300 over a period of more than 
12 consecutive months; or
 (B) of $2,300 or more over a period of more than 
24 consecutive months; and
 (2) may provide that if the person fails to make a 
required installment payment, the department may declare the amount 
of the unpaid surcharge immediately due and payable.
 Sec. 708.154. CREDIT CARD PAYMENT OF SURCHARGE. (a) The 
department by rule may authorize the payment of a surcharge by use 
of a credit card. The rules shall require the person to pay all 
costs incurred by the department in connection with the acceptance 
of the credit card.
 (b) 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.
 (c) A license suspended under this section remains 
suspended until the person pays the amount of the surcharge and any 
related costs.
 Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. The 
department may enter into a contract with a private attorney or a 
public or private vendor for the provision of services for the 
collection of surcharges receivable under this chapter. The total 
amount of compensation may not exceed the amount set in Article 
103.0031, Code of Criminal Procedure.
 Sec. 708.156. REMITTANCE OF SURCHARGES COLLECTED TO 
COMPTROLLER. Each surcharge collected by the department under this 
chapter shall be remitted to the comptroller as required by Section 
780.002, Health and Safety Code.