The Senate Committee on Transportation met on Wednesday, January 27 to hear public testimony on their interim charges regarding the state’s Vehicle Inspection Program and the Driver Responsibility Program.
Evaluate the necessity of the Driver Responsibility Program and make recommendations for alternative methods of achieving the programs objectives.
Jennifer Quereau, Legislative Budget Board – presentation
- Driver Responsibility Program became effective September 1, 2003
- Gives certain surcharges for some driving infractions on a point system (driving while intoxicated, driving without a license, moving violations, driving without insurance)
- Once revenue and state traffic fines hit $250 million to GR, overflow goes to Texas Mobility Fund
- There has not been overflow since implementation
- Majority of GR money was intended to go to Trauma Centers, but the money is not dedicated
- Cumulative collection rate was at 51% in 2014
- Sen. Ellis asks if GEER recommendations were implemented by DPS
- Will let the agency speak to that
- Origin was to enhance public safety by discouraging these offenses and shift some of burden of trauma care to those who cause them with violations
- Indigency is an issue because if somebody cannot pay and loses their license but has to drive to work and receive another ticket
Cheryl Garren, Resource Witness from Department of Public Safety
- Sen. Nichols asks how we deal with people who struggle to pay
- Reinstatement of installment plans
- Increased periods for payments of installments
- Indigency program with a full waiver of program if they qualify
- Amnesty program which was listed on DPS website only had 15% participation and is no longer in place
- Sen. Ellis wants the agency to “put a face” on the surcharges
- What is it really costing people
- Does it affect insurance rates
- Any important information
- Do people end up going to jail
- Garren says they can get information like this for Sen. Ellis
- Sen. Kolkhorst wants to see what type of hole we would create in trauma funding if we were to get rid of the program
- It is possible to adjust how many points have to be accrued before a surcharge is assessed
- Sen. Ellis notes that if anybody goes to jail because of the program, somebody has to pay for it
- You do not go to jail for not paying surcharge, but if you do not pay the original fine of a ticket that put you above the limit in the point system, then you could end up going to jail
- Program has billed $3.9 billion in surcharges and collected $1.4billion
- Sen. Garcia asks about feasibility of reinstalling the amnesty program that was in place in 2011
- It would require programming on the part of the vendor and we would need to know how to apply the program
- Sen. Garcia says it should not take this long for programming and suggests that we may need to terminate the contract with the vendor
- Sen. Garcia asks if bilingual notices are sent out about programs to assist with fees
- Yes
- Sen. Garcia notes that you can only sign up for an installment plan online, but a lot of people do not have internet access
- Individuals have 105 days to enter into installment plan
- Sen. Nichols says DPS does not need legislative approval for an amnesty program and that they have enough direction to move forward with one
- Sen. Huffines calls this program a debtors prison and says we are making the poor more poor
- Sen. Nichols asks for recommendations and ideas for the March 29 meeting
Judge Jean Hughes, Texas Association of County Court at Law Judges
- This law has not enhanced public safety
- Has never seen a law that has such dire consequences on the public
- You can go to jail if you do not pay your surcharge
- If you are a day late on your payment, your license gets suspended
- If you get pulled over again which can result in more surcharges and license suspension
- This cycle is a trap
- There are other places you can make up the money and not cause these issues
- People are going to drive regardless and people cannot afford the surcharge and insurance
- Cost to the county is expensive
- Sen. Hall calls this “blood money” and asks what the better solution is to increase public safety
- Teach them behavior as a child
- There is a population that will not ever change regardless of their consequences
- Most people want to comply but cannot do it financially
- Sen. Kolkhorst says the program is confusing and asks what we could put into place instead
- There are some people who will never change their behavior
Elizabeth Henneke, Criminal Justice Coalition
- Relays story about a client who racked up 20,000 in DRP fees and spent 4 week long stints in jail
- Had to deal with fees to have car towed, fine, interlock system, attorney fees, court fees, and $1,000 per year for three years from DRP program
- Had to move in with sister and failed to receive a notice for her fees and receives more fees and license suspension
- Client was homeless and struggled with fees
- The program is not fair
- Sen. Ellis reiterates need for an amnesty program
- Sen. Huffines says the original fine is enough of a deterrent
- Recommends eliminating DRP
- Replace EMS and Trauma funding through the court system because courts take indigency into account
- Ask DPS to provide additional information about DRP impact on insurance
Glenn Robinson, Texas Hospital Association
- Funding is necessary for trauma hospitals to provide most effective care
- Texas’ trauma system works – the mortality rate is 2.9% which is 1 percentage point less than the rest of the nation
- Rural area trauma centers should be able to provide the same care that urban trauma centers can
- If centers cannot keep their designation, our trauma system will be in jeopardy
- Since 2003, more than 83 hospitals have received trauma designation
- In absence of DRP, another source of funding must be dedicated to trauma and supported
- Sen. Hall clarifies that they do not oppose or support the DRP, but they oppose losing funding for trauma
- Sen. Hall says he does not see role of government in supporting commercial operation
- Sen. Kolkhorst sarcastically claims that the government should then get rid of Medicaid and Medicare funding – the government is in the underwrites health; this funding is important
- Sen. Hall we need to separate the money issue from the DRP
- Sen. Ellis asks how much money was going to trauma care from the state prior to legislation
- Across the state there was no funding, and they now receive $100 million
Edna Staudt, Justice of the Peace
- Nobody really knows what this program is and it is detrimental
- Fines are deterrents and we do not need additional charges from DRP
Emily Gerrick, Texas Fair Defense Project
- Fees add up fast and there are enough deterrents without the DRP
- People are going to jail
Greg Glaud, Texas Public Policy Foundation
- The funding is even across hospitals so some hospitals are not reimbursed fully and some receive more money than they spent
- Echoes Elizabeth Henneke’s recommendations to get rid of DRP and find other sources of funding
Evaluate the efficiency and effectiveness of the state's Vehicle Inspection Program. Make recommendations on how to compress or otherwise reduce the number of required inspections.
Daniel Sutter, Troy University
- His study concluded that inspection programs have proven to be ineffective at improving highway safety
- Drivers and inspectors incur costs; inspectors often lose money on inspections
- State should stop requiring Texans to pay for something that fails to improve highway safety
- Sen. Huffines asks if any reports contradict Sutter’s findings
- No studies have contradicted findings
- His studies were peer reviewed and published in academic journals
- Only 2% of accidents involve malfunction of a car
- 35 states and District of Columbia do not have inspection for vehicles
- Commercial inspections are federally mandated, but there is no federal mandate for passenger vehicles
- Sen. Huffines clarifies that we are only talking about passenger vehicles and are not talking about emissions test
RenEarl Bowie, Texas Department of Public Safety
- Written testimony gives overview of the program
- Agrees with findings of Sutter’s study
- We do 19 million total inspections each year
- Sen. Huffines says that is 51,000 per day and is an incredible burden with no results
- Sen. Kolkhorst clarifies that we would not consider getting rid of commercial inspections, only for passenger inspections
Donna Huff, TCEQ
- Emissions test exist to satisfy federal Clean Air Act
- Inspection and Maintenance (I/M) program checks emissions
- Help regulate emissions that contribute to ozone issues
- Program cannot be removed unless you can demonstrate that it will not make air quality worse
- Federal restrictions would apply
- Other alternatives can be substituted to demonstrate the same value
Michael Nowels, Texas Inspection Association
- Cost is 7 dollars and would cost around $25-75 in other states
- Consumers receive great service and the inspection process keeps drivers safe
- Sen. Huffines says that a Nebraska study showed that roads were just as safe after inspection requirements were repealed; he personally benefits from the program, but it is not good for taxpayers
- Sen. Huffines says the free market will fix this problem and that his dealerships will do a 32 point safety check free of charge
- Inspection stations make sure a vehicle meets a minimum standard whereas a dealership benefits from finding issues
Tom Fournier, Opus Inspection
- Contracts with DPS for remote sensing program
- Remote sensing is a non-contact system that measures pollution as cars drive by it on freeway ramps
- This is primarily for program evaluation measurements
- It also takes pictures of license plates and DPS has the ability to notify that their car is polluting if they choose
- Clean Screen program in other states can send a notice to owners of cars that are clean and say they do not have to come in to get their car tested – they still have to pay the fee for the equipment, but it saves their time
- Additional use of these tools already in place would screen 50% of drivers
- Sen. Huffines asks how much a system costs
- Individual systems are a couple hundred thousand dollars so we sell the service of setting them up for some amount of time; we do not usually sell the system
Steve Blake, Texas Truckers Association
- Commercial motor vehicles that operate in interstate commerce be excepted from compulsory inspection law
- Redundant because they are inspected by state compulsory inspection law and federal law
- Compulsory Inspection Law requires cars registered in Texas to be inspected here, and if the vehicle is not able to be registered in Texas, the registrant may check a box and say that it has been inspected elsewhere, but there is no confirmation and there is a window for fraud
- We ask that it is allowed by law that these specific vehicles that they be exempted from the Texas Compulsory Inspection Law – if it is not verifiable, we should not be doing it
Texas Highway Patrol
- Sen. Nichols asks about this Compulsory Inspection Law
- Owners of the vehicle that is inspected outside the state of Texas are required to keep documentation of the inspection
- Sen. Nichols says it is this is just a practice not following the code issue that can be fixed
Vance Ginn, Texas Public Policy Foundation
- Very few accidents are caused by failure of the vehicle
- Total cost of inspection was $267 million in FY14 and $2.4 billion in last 10 years
- Minimal benefits are not worth the cost
- Sen. Garcia wants to know what would replace the collection of fees because money needs to go to the Texas Mobility Fund
- Economic growth
- Sen. Garcia notes that this does not go into the Texas Mobility Fund, and that will need to be addressed
Meeting Adjourned