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Fight The TX Driver Responsibility Law Letters All letters are copies and follow ups of e-mails sent.

Fight The TX Responsibility Program



Last Updated: 8/21/2009

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Gender: Female
Status: Married
Age: 30
Sign: Sagittarius

City: AUSTIN
State: Texas
Country: US
Signup Date: 3/23/2008

Blog Archive
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Thursday, September 03, 2009 
Hello fellow supporters and non supporters: I'm sorry that an update hasn't been posted, sent out.  I have been devistated by the loss of Kimberly Jane and my aunt Peggy.  I have been trying to accept that my soul sista has moved on to her next life, but I'm losing that battle! 

I will update the page and start moving again on our fight - however, I'm truly devistated by the death of Kimberly.  I don't have the will just yet to begin again.

Please be patient, I will start to heal, sometime........................

Just in case anyone missed it, here is the DVD that played at Kimberly's memorial......
http://www.youtube.com/watch?v=5VEkV4fDpSY

THanks for your thoughts, Mary
Tuesday, August 25, 2009 
Here is the YouTube posting.  THis is the video that played at Kimberly's memorial.  Please view.  Sorry the picture jumps, I was shaking.

http://www.youtube.com/watch?v=5VEkV4fDpSY
Friday, August 21, 2009 

Current mood:  depressed
Hello fellow supporters and non-supporters:
I apologize, but I will not be sending out the first edition of Fight the TX DRL: The Newsletter this month as I was hoping. 
My best friend/soul sista died last Friday.  I'm devistated along with her husband, children, family and dear friends.  Please do us a favor: listen to Jane's Addiction: Jane Says (it was Kimberly's favorite song) and pray for her, her family and friends.  We would appreciate it.
I will be posting a YouTube broadcast of the DVD that was played at her memorial along with my speech I gave at her service.  Please view it!  My purpose is to keep by beautiful soul sista alive and to help everyone begin to heal.  (though that seems impossible.) 
Kimberly Jane was my best friend: I thought we would grow old together.  But our era is over.  Hug your family and friends tight! and be happy.
Love, Mary
Sunday, July 19, 2009 
OMG it's too laughable to be true!  Pleas let me know if you have received this "reminder call".

From: http://www.reuters.com/article/pressRelease/idUS143005+04-Sep-2008+BW20080904

MSB to Begin Courtesy Calls for the Texas Driver Responsibility Program

Thu Sep 4, 2008 9:48am EDT
AUSTIN, Texas--(Business Wire)--
Municipal Services Bureau (MSB) is announcing the start of
courtesy telephone calls to surcharge customers in the Texas
Department of Public Safety Driver Responsibility Program (DRP).
Senate Bill 1723 was a legislative mandate passed in September 2007
that allows the State of Texas to use new methods to communicate with
surcharge customers in addition to mailing notices.

   "We are pleased to be able to offer this service to
individuals who may not be aware that they are in default and their
license is suspended," said Med Fadel, Chief State Officer at MSB.

   MSB will begin making courtesy telephone calls in early September
2008 for surcharge customers who have been in default for more than
six months. Furthermore, MSB will be working to ensure it has the most
updated phone and contact information available by coordinating with
the United States Postal Service and other agencies to reach as many
customers as possible.

   About Municipal Services Bureau (MSB)

   Founded in 1991, MSB is a leading provider of outsourced revenue
recovery products and services in the country. Headquartered in
Austin, Texas, MSB offers collections, payment processing and call
center services to governmental entities nationwide. MSB empowers
hundreds of talented employees with advanced technology, data
management tools and leading edge business practices to exceed the
expectations of its clients.

   MSB collects delinquent court fines, fees and debts for a wide
variety of governmental entities nationwide. For additional
information about MSB, please visit www.MuniServ.com or call #
1-800-568-7004.

Gila Corporation
D.b.a Municipal Services Bureau (MSB)
Bruce Cummings, 512-323-4231
President
Bruce.Cummings@GilaCorp.com

Copyright Business Wire 2008
Sunday, July 19, 2009 

Current mood:  tired
Hello again fellow supporters and non-supporters: Wow!  due to an overwhelming response, I have decided to create Fight the TX DRP, the Newsletter.  Everyone does want it by e-mail. 

Ok, so please send me your name and e-mail address and I will send you the newsletter.  Many of you I have your e-mail address already, but please re-send I don't want anyone left out! 

If you would like to include your story, news or information: please submit to fightthetxresponsibilityprogram@yahoo.com or send me a message on the myspace page.  Thank you for taking time to help the fight against the TX DRP. 

First issue should be out by middle or end of August. 

Have questions, comments or information: just send me an e-mail!

Thanks for your response, Mary
Wednesday, July 15, 2009 
Hello fellow supporters and non-supporters:  many of you have requested a newsletter for updates and info on the DRP.  Since the Legislative scession is over, I thought a newsletter would be a great idea.  So I put it to you, the supporters:

1.  Would you subscrible to "Fight the TX DRP the Newsletter"?

2.  Would you perfer to receive it by E-Mail or regular mail?  (Subscriber pre-pays for a year, probably $5 - the cost of stamps and paper.)

Please let me know.  If a newsletter will be put out, I will keep everyone updated as to the print date.  I will include testimonials from victims of the "surcharge", updates on our fight against it, information about the DRP and ect. 

Thanks for your support, send me an e-mail if you have questions and/or want to subsribe at fightthetxresponsibilityprogram@yahoo.com.

Mary

Friday, May 22, 2009 

Current mood:  blessed

Hello everyone!  I wanted to update everyone on the newest/littlest member of Fight the TX DRL. 

Venice Lee Moody was born at 10:33 am on Wednesday, May 20th, 2009.  He weighed in at 8 lbs, 14.5 oz.  He was a long boy at 21 1/2 inches long.  He is very healthy and cute! 

Blake, my husband, was so cute and had no idea what to do when my water broke Wednesday morning.   He was literally running around like a chicken with it's head cut off!  Our family is doing great and enjoying our new little addition.

I'm very sorry I didn't have a chance to update the page and YouTube before today - but fear not!  I did not have new news to report to you except to bitch about the THA.  But I wanted to answer your questions regarding the DRL and it's amendments. 

If you have a question or need some help: send me an e-mail or note.  I will address all of your questions and concerns in the next posting.  (It will be very soon, I promise!) 

Thank you for your support and patience!

Mary
e-mail: fightthetxresponsibilityprogram@yahoo.com

Wednesday, April 29, 2009 

Current mood:  blissful
Hello fellow supporters and non supporters: Sorry for the delay once again in information: I have not heard from Senator Shapleigh's office since last week.  As far as I know, there is nothing new to report until SB 896 goes to the House of Reps.  I promise to keep you updated as I get info. 

On to pressing matters, my baby is due in 3 weeks and I have to get the nursery ready for him.  Yes, I'm having a boy!  The Sonogram Tech saw a girl in January 2009, but the baby is a boy!  I have a lot to do.

But please don't fret: I don't intend on giving up on the DRL Repeal!  I will be taking off a couple of weeks in the middle of May to have my son - but will only update the page/answer e-mails for emergencies only.

This week, I will update the YouTube and blast the THA - it's mostly b/c of them that SB 896 was changed from a Repeal to an Amendment.  So, of course I have to vent and let you know why they can suck it!  (If you want to see it once it's up, please subscribe to the YouTube listing.)

Then, I will post a YouTube answering your questions: I have a lot of e-mails asking what they should do/help/get help, ect.  I want to address your questions, concerns and help you thru this financially draining/emotionally beating time. 

Once again, please don't hesitate to contact me with questions/concerns or for help.  (fightthetxresponsibilityprogram@yahoo.com)  Thanks for your support and patience: an 8 pound baby boy is knocking at my door and I have to let him in!  LOL!!!

I'll post the site and link once the YouTube is up and complete.

Thank you,
Mary Moody
Monday, April 20, 2009 
Ok, I should of addressed this when I posted the Blog: the TX Senate amended SB 896 from a Repeal to an Amendment.  THIS IS NOT WHAT I WANTED AND WORKED FOR!  The only thing this amendment does is help the very low income, which is good.  However, this does not help middle to low income families.  I wanted a Repeal -  and I will still work to get it. 
They can amend this crazy law as many times as they want: which they have, but I won't give up till it is gone.  Though this amendment isn't that bad, it will never work. 
I won't give up a Repeal.  Never.
Saturday, April 18, 2009 
Hello fellow supporters and non supporters: here is the press release I received from Senator Shapleigh's office today, let us rejoyce:

For Immediate Release

April 17, 2009

Texas Senate passes bill by Senator Shapleigh to fix the Driver Responsibility Program

“Here’s a terrible program that used punitive fines to plug holes in the budget. Some face $1,750 fines for a first time offense. Currently, of the 1,600,000 in the program, more than 1,080,000 can’t pay. Our founders never intended for debtor’s prisons to substitute for a tax system. Hopefully this bill will fix the program.”

*..***************

AUSTIN - Today, the Texas Senate passed SB 896, a bill filed by Senator Eliot Shapleigh (D-El Paso) that would fix the state's Driver Responsibility Program (DRP). The program has disproportionat..ely hit low-income and minority Texans with expensive fees, and has led to more warrants being issued to low-income Texans and more uninsured drivers on Texas' roads.



In 2003, the 78th Legislature created the DRP as a funding tool for trauma care centers and transportation projects. The program established a system which assigns points to moving violations and applies some automatic surcharges to offenders.





Under the DRP:





Points are accumulated for moving violation convictions. After six points, drivers are required to pay a $100 surcharge each year for three years.Each additional point on a driver's record will cost an additional $25 a year;
Under the program, driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense.Each subsequent conviction carries an additional $1,500 annual surcharge;
Driving without a license carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450.Driving with an invalid license would cost a driver $150, plus a $250 annual surcharge, making the total violation $900;
Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000; and
Should a driver commit one of these latter two violations again within that three years, they would be assessed an additional annual surcharge.




Many Texans affected by these automatic surcharges are first-time offenders, students, single parents or low-income families who are now faced with the choice of either complying with the law, or paying for their education, rent, food for their families or emergency expenses like car repair or medical bills.





“Here’s a terrible program that used punitive fines to plug holes in the budget. Some face $1,750 fines for a first time offense. Currently, of the 1,600,000 in the program, more than 1,080,000 can’t pay. Our founders never intended for debtor’s prisons to substitute for a tax system," Senator Shapleigh said. "Hopefully this bill will fix the program.”





SB 896 as amended on the Senate floor makes the following changes to the DRP:





Notice of Surcharge: The Texas Department of Public Safety will be directed to send notices to the holder of a driver's license when a surcharge is assessed on that license. Each notice must be sent by first class mail to the person's most recent address on file with the department.In addition, the notice will specify the date by which the surcharge must be paid and the consequences for failure to pay the surcharge;
Jurisdiction: While a surcharge is outstanding, the court in which the person was convicted of the offense that led to the surcharge has jurisdiction over the person and all matters relating to the surcharge.The court may reduce or waive the surcharge at the judge's discretion;
DPS may not assess a surcharge against a person who is living in a family that has an annual gross income that is less than 200 percent of the federal poverty guidelines, or a full-time student with an annual gross income of less than 200 percent of the federal poverty guidelines who is enrolled in an institution of higher education or a technical school.To provide proof of income, a person shall provide an income tax return, a current pay stub, or documentation from a government agency or school district that identifies the person or a member of the person’s household as a recipient of Food Stamps, Medicaid, Children's Health Insurance Program (CHIP), Temporary Assistance for Needy Families (TANF), Women, Infants, and Children nutrition program (WIC), or free or reduced price school meals; and
DPS shall create a program that rewards good driving behavior. Modeled after a similar effort in the state of Virginia , licensed drivers will accrue positive points upon driving for a year without a driving violation. Positive points accrued can be used to offset bad points when an infraction occurs.


Now that it has passed the Texas Senate, the bill will next go to the Texas House or Representatives...





- End -
Monday, April 13, 2009 
Whew, sorry for the delay: the press conference was moved to this Thursday, 4-16-09 at 1pm.  And the an Austin Spanish Television company called to ask if anyone who speaks spanish would like to appear on their news.  Get back to me if you want to do this.  Please do so immediately!
I'm working on an update, I'll be there soon!
Saturday, April 04, 2009 
go to: http://www.youtube.com/watch?v=eiSvuXaLakw and watch the update.  Please comment and/or rate!
Please subscribe to the YouTube or Myspace Blog for current updates as I post them.  I HIGHLY RECOMMEND THIS!  I'm getting overwhelmed with e-mails asking for updates and this is the best way to keep everyone up to date!  Thank you, I do appreciate it.
Thanks, Mary
Saturday, April 04, 2009 

Current mood:  bouncy

BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 896

81R3530 ACP-D                                                                                                          By: Shapleigh

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/27/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In 2003, with a $10 billion budget deficit, the 78th Legislature enacted H.B. 3588, which created the Driver Responsibility Program.  It was designated as a funding tool in order to fund trauma care centers and raise money for transportation projects.  Since the creation of the program, compliance rates have been low.  According to the Legislative Budget Board (LBB), between 2003 and 2008, only 38.5 percent of offenders have complied with the program, indicating that the program has not been successful in its intended purpose.  In the City of El Paso, up to five percent of the population faced surcharges.  By comparison, surcharges in the City of Austin were incurred by up to four percent of its population.  Coincidentally, the most prevalent violations leading to warrants in El Paso and Austin are also those which the Department of Public Safety reports to have the lowest compliance rates.

 

According to the LBB, the surcharges have also led to a greater number of unlicensed and uninsured drivers on Texas roads.  This in turn, has made it more difficult for some people to maintain financial responsibility.  The economic impact that surcharges are having on the Texas population also raises questions about the adequacy of using the program to fund Trauma Care and the General Revenue fund.  Studies of other surcharge programs as well as our own indicate that they have a disproportionate impact on lower income populations and minorities.  For example, when New Jersey evaluated its points system, they found that it was having a disproportionate effect on its lower-income population.  In Texas the LBB found that many offenders are low-income or indigent Texans who cannot afford to pay the assessed surcharges

 

As proposed,  S.B. 896 amends the Transportation Code to repeal the Texas Driver Responsibility Act. The bill requires the comptroller of public accounts to deposit any gifts, grants, donations, and legislative appropriations made for that purpose to the credit of the designated trauma facility and emergency medical account.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Department of Public Safety is rescinded in SECTION 5 (Chapter 708, Transportation Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 780.002, Health and Safety Code, as follows:

 

Sec. 780.002.  DEPOSITS TO ACCOUNT.  Requires the comptroller of public accounts (comptroller) to deposit any gifts, grants, donations, and legislative appropriations made for that purpose to the credit of the designated trauma facility and emergency medical services account established under Section 780.003 (Account).  Deletes existing Subsections (a) (relating to the remittance of surcharges collected under the driver responsibility program operated by the Department of Public Safety (DPS) under Chapter 708 (Driver Responsibility Program), Transportation Code, to the comptroller), (b) (relating to the distribution of money received under Subsection (a)), and (c) (relating to the circumstances under which the comptroller is required to deposit 49.5 percent of the surcharge collected under Chapter 708, Transportation Code, to the credit of the general revenue fund.)

 

SECTION 2.  Amends Section 502.1715(b), Transportation Code, to delete existing text requiring that, subject to appropriations, the money collected under this section be used by DPS to establish and maintain a system to support the driver responsibility program under Chapter 708.  Makes nonsubstantive changes.

 

SECTION 3.  Amends Section 542.4031(h), Transportation Code, as follows:

 

(h)  Requires the comptroller, in any state fiscal year, notwithstanding Subsection (g)(1) (relating to requiring the comptroller to deposit 67 percent of the credit of the undedicated portion of the general revenue fund), to deposit 67 percent of the money received under Subsection (e)(2)  (relating to requiring the custodian to remit to the comptroller certain money) to the credit of the general revenue fund only until the total amount of the money deposited to the credit of the general revenue fund under Subsection (g)(1), rather than under Subsection (g)(1) and Section 780.002(b), Health and Safety Code, equals $250 million for that year.  Requires the comptroller, if in any state fiscal year the amount received by the comptroller under Subsection (g)(1), rather than under those laws, for deposit to the credit of the general revenue fund exceeds $250 million, to deposit the additional amount to the credit of the Texas mobility fund.

 

SECTION 4.  Amends Section 601.233(a), Transportation Code, by deleting an exception relating to the type of statement required by Section 708.105 (Notice of Potential Surcharge).

 

SECTION 5.  Repealer: Chapter 708, Transportation Code.

 

SECTION 6.  Provides that notwithstanding the repeal by this Act of Chapter 708, Transportation Code, a surcharge imposed under former Chapter 708 of that code before the effective date of this Act is governed by the applicable law in effect before the effective date of this Act, and the former law is continued in effect for that purpose.

 

SECTION 7.  Effective date: upon passage or September 1, 2009.

 

I got this from: http://www.legis.state.tx.us/Search/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTLO%2fTLO.dbo.vwCurrBillDocs%2f81%2fR%2fS%2fB%2f00896%2f1%2fA%40TloCurrBillDocs&QueryText=driver%3cOR%3esurcharge&HighlightType=1

Friday, April 03, 2009 
Hello fellow supporters and non supporters: ok, sorry again about the delay but here we go. 
First off: if you want to hear and see the committee hearing for Monday, March, 30th, 2009, go to:

..

..
http://www.senate.state.tx.us/75r/Senate/commit/c640/c640.htm
, click on March, 30th, 2009 and go to 2:02:35 and you will see the meeting.  (GOTTA HAVE REAL PLAYER!)  --- OMG, I'm 8 months pregnant and was sitting there for over 2 hours.  I was so uncomfortable and ready to bust!  As a side note: I was told I could give a 5 to 10 minute speech - When I got up at the table, I saw that I only had 2!!!  You can see me look at the buzzer when it beeps at me! LOL!!!  I just kept going.  I wish I could of given the complete speech - it kicked the DRP into the ground and gave it a wedgie!
Anyway, the committee agreed pass it to the Senate!  That is excellent news!  I have more news to update, but I'm going to take a nap!  I'll re-update later. 
Watch the committee hearing!  It is awesome!
Thanks to you all, Mary
 
Friday, April 03, 2009 

Current mood:  crunk

Bill by Senator Shapleigh to repeal

Driver Responsibility Program

passes Senate Committee

Bill unfairly burdens Students, low-income Texans,

leads to more uninsured drivers

“Here’s a terrible program that used punitive fines to plug holes in the budget. Some face $1000 fines for a first time offense. Of the more than 1,600,000 in the program, more than 1,080,000 can’t pay. In Austin , that translates to one in  four of the whole city who have arrest warrants out because they can’t pay the fine. Our founders never intended for debtor’s prisons to substitute for a tax system”

****************

AUSTIN - On DATE the Texas Senate Transportation and Homeland Security Committee passed SB 896, a bill filed by Senator Eliot Shapleigh (D-El Paso) that would repeal the state's Driver Responsibility Program (DRP). The program has disproportionately hit low-income and minority Texans with expensive fees, and has led to more warrants being issued to low-income Texans and more uninsured drivers on Texas ' roads.

 

In 2003, the 78th Legislature created the DRP as a funding tool for trauma care centers and transportation projects. The program established a system which assigns points to moving violations and applies some automatic surcharges to offenders.

 

According to the Legislative Budget Board (LBB), this program disproportionately hurts students and low-income or indigent Texans who cannot afford to pay the costly surcharges. Accumulated fees as a result of these surcharges could total hundreds or even thousands of dollars.

 

“Here’s a terrible program that used punitive fines to plug holes in the budget. Some face $1000 fines for a first time offense. Of the more than 1,600,000 in the program, more than 1,080,000 can’t pay. In Austin , that translates to one in  four of the whole city who have arrest warrants out because they can’t pay the fine. Our founders never intended for debtor’s prisons to substitute for a tax system,” Senator Shapleigh said.

 

Under the program, Driving without a license, for example, carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450. Driving with an invalid license  would cost a driver $150, plus a $250 annual surcharge, making the total violation $900.

 

Should a driver commit one of these violations again or another violation carrying an automatic surcharge within that three years, they would be assessed an additional annual surcharge.

 

Many Texans affected by these automatic surcharges are first-time offenders, students or low-income families who are now faced with the choice of either complying with the law, or paying for their education or vital living expenses.

 

In the City of Austin , up to four percent of its population faced surcharges. In El Paso , one out of five people were under warrant for Class C misdemeanors and moving violations that directly resulted in automatic surcharges and points assessments.

 

Many Texas drivers were not aware that a surcharge was going to be assessed because the Texas Department of Public Safety (DPS) did not have available funds to advertise the change in policy. As a result, about two thirds of offenders have defaulted on their payments. According to DPS, to this day, the department still does not have the funds for a public service announcement or campaign, and courts are not required to give information on the surcharges.

 

In 2003, with a $10 billion budget deficit, the 78th Legislature created the DRP to help fund The Trauma Center and Texas General Revenue Funds. Since its creation, however, compliance rates have been low. According to the LBB, between 2003 and 2008 only 38.5 percent of offenders have complied with the program. Because of low compliance, the program provides a very unstable revenue stream and has failed in its goal to fund trauma care and the General Revenue Fund.

 

In fact, According to the LBB, the surcharges have led to a greater number of unlicensed and uninsured drivers on Texas roads. Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000. This fee cost has left many Texas drivers faced with either paying assessed fees or paying for continued liability insurance.

 

Last Legislative session a bill, SB 1723, authorized an Indigence Program for the DRP that has not been implemented. DPS today still lacks the resources to implement this program and lacks the authority to reduce surcharge violations in proportion to an offenders indigence status.

 

It is bad public policy to have a funding mechanism for trauma care centers that actually increases the number of uninsured and unlicensed drivers.

 

Now that SB 896 has been voted out of committee, it will go to the full Texas Senate.

 

 

- End -