To the Texas State Senate, Texas State Legislature Body and Driver Responsibility Program

This petition is a cry for help from the citizens of Texas, to abolish the surcharges and extra fees placed on driving violations. For fair price ceilings which are placed on fines connected to driving violations. Place fair steps on driver license suspensions where it will minimize impediment on an individual’s employment or availability to seek employment.

Do not stop individuals from working; it is more expensive for the state to support an individual and their families though the use of food stamps welfare etc… . By taking their rights to do their job in an economy where jobs are limited. The surcharge and extra fees are Double Dipping fines from our state which are impose on our citizens. It is hard enough to make a living the way our economy has been, our citizen should be able to get good paying jobs and have to work two or three jobs to support their families.

We the citizens understand that the State of Texas needs to make money however, the State of Texas needs to figure out a way to make money without imposing extra monetary fines on our citizens.

 

 THE TEXAS CONSTITUTION

ARTICLE 1. BILL OF RIGHTS

Sec. 13.  EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW.  Excessive bail shall not be required, nor EXCESSIVE FINES imposed, nor cruel or unusual punishment inflicted.  All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

 

Double jeopardy

 

From Wikipedia, the free encyclopedia

 

Multiple punishment, including prosecution after conviction

In Blockburger v. United States (1932), the Supreme Court announced the following test: the government may separately try and punish the defendant for two crimes if each crime contains an element that the other does not.[66] An example of this is the successful prosecution under 18 U.S.C. § 242 (deprivation of rights under color of law) of some of the Los Angeles police officers involved in the Rodney King beating after their acquittal in California state court on charges of assault with a deadly weapon and excessive use of force by a police officer.[67] Blockburger is the default rule, unless the governing statute legislatively intends to depart; for example, Continuing Criminal Enterprise (CCE) may be punished separately from its predicates,[68] as can conspiracy.[69]

 

The Blockburger test, originally developed in the multiple punishments context, is also the test for prosecution after conviction.[70] In Grady v. Corbin (1990), the Court held that a double jeopardy violation could lie even where the Blockburger test was not satisfied,[71] but Grady was overruled in United States v. Dixon (1993).[72]

 

Right to work

 

From Wikipedia, the free encyclopedia
 
 
This article is about the human rights concept. For the U.S. laws of the same name that limit collective bargaining, see right-to-work law.

The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.

 

Definition[edit]

Article 23.1 of the Universal Declaration of Human Rights states:[1]

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

— Universal Declaration of Human Rights ,  United Nations General Assembly

The International Covenant on Economic, Social and Cultural Rights states in Part III, Article 6:[2]

(1) The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

(2) The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

— International Covenant on Economic, Social and Cultural Rights ,  United Nations General Assembly

Right-to-work law

From Wikipedia, the free encyclopedia
 
 
Right-to-work provisions (either by law or by constitutional provision) exist in 24 U.S. states, mostly in the southern and western United States, but also including, as of 2012, the midwestern states of Michigan[2] and Indiana.[3] Business interests represented by the Chamber of Commerce have lobbied extensively to pass right-to-work legislation.[4][5][6][7]Such laws are allowed under the 1947 federal Taft–Hartley Act. A further distinction is often made within the law between those employed by state and municipal governments and those employed by the private sector with states that are otherwise union shop (i.e., pay union dues or lose the job) having right to work laws in effect for government employees.
 

U.S. states with right-to-work laws[edit]

The following states (24) are right-to-work states:

 

http://www.txdps.state.tx.us/driverlicense/drp.htm

https://www.txsurchargeonline.com/(S(pjkerrpxw0h1oftfwnxpiv4t))/default.aspx

 

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 708.001.  DEFINITIONS.  In this chapter, "department" and "license" have the meanings assigned by Section 521.001.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Sec. 708.002.  RULES.  The department shall adopt and enforce rules to implement and enforce this chapter.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

 

Sec. 708.003.  FINAL CONVICTIONS.  For purposes of this chapter, a conviction for an offense to which this chapter applies is a final conviction, regardless of whether the sentence is probated.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE

Sec. 708.051.  NONAPPLICABILITY.  This subchapter does not apply to:

(1)  an offense committed before September 1, 2003;  or

(2)  an offense covered by Subchapter C.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 2.03, eff. Jan. 11, 2004.

Sec. 708.052.  ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Amended by: Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 5, eff. September 1, 2005.

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. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

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. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

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. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Sec. 708.056.  DEDUCTION OF POINTS.  The department by rule shall establish a procedure to provide for the deduction of one point accumulated by a person under this subchapter to account for each year that the person has not accumulated points under this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15.06, eff. September 1, 2011.

SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE SUSPENSIONS

Sec. 708.101.  NONAPPLICABILITY.  This subchapter does not apply to an offense committed before September 1, 2003.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 2.03, eff. Jan. 11, 2004.

Sec. 708.102.  SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

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. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

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.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Sec. 708.105.  NOTICE OF POTENTIAL SURCHARGE. 

(a)  A citation issued for an offense under a traffic law of this state or a political subdivision of this state must include, in type larger than any other type on the citation, the following statement: "A conviction of an offense under a traffic law of this state or a political subdivision of this state may result in the assessment on your driver's license of a surcharge under the Driver Responsibility Program."

(b)  The warning required by Subsection (a) is in addition to any other warning required by law.

Added by Acts 2005, 79th Leg., Ch. 1123 (H.B. 2470), Sec. 4, eff. September 1, 2005.

Sec. 708.106.  DEFERRAL OF SURCHARGES FOR DEPLOYED MILITARY PERSONNEL.

Added by Acts 2011, 82nd Leg., R.S., Ch. 551 (H.B. 2851), Sec. 1, eff. September 1, 2011.

 

SUBCHAPTER D. COLLECTION OF SURCHARGES

Sec. 708.151.  NOTICE OF SURCHARGE.  (a)  The department shall send notices as required by Subsection (b) to the hold of a driver's license when a surcharge is assessed on that license.  Each notice must:

(1)  be sent by first class mail to the person's most recent address as shown on the records of the department or to the person's most recent forwarding address on record with the United States Postal Service if it is different;

(2)  specify the date by which the surcharge must be paid;

(3)  state the total dollar amount of the surcharge that must be paid, the number of monthly payments required under an installment payment plan, and the minimum monthly payment required for a person to enter and maintain an installment payment plan with the department; and

(4)  state the consequences of a failure to pay the surcharge.

(b)  The department shall send a first notice not later than the fifth day after the date the surcharge is assessed.

(c)  If on or before the 45th day after the date the first notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with the department, the department shall send a second notice.  If on or before the 60th day after the date the second notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with the department, the department shall send a third notice that advises the person that the person's driving privileges are suspended. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15.01, eff. September 1, 2011.

Sec. 708.152.  FAILURE TO PAY SURCHARGE.  (a)  If on the 60th day after the date the department sends a second 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.  A person's license may not be suspended under this section before the 105th day after the date the surcharge was assessed by the department.

(b)  A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15.02, eff. September 1, 2011.

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 require a person to: (A)  pay surcharges that total $500 or more over a period of less than 36 consecutive months; (B)  pay surcharges that total more than $250 but not more than $499 over a period of less than 24 consecutive months; or (C)  pay surcharges that total $249 or less over a period of less than 12 consecutive months; and (2)  may provide that if the person fails to make any required monthly installment payment, the department may reestablish the installment plan on receipt of a payment in the amount equal to at least a required monthly installment payment.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Amended by: Acts 2005, 79th Leg., Ch. 1123 (H.B. 2470), Sec. 5, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 573 (S.B. 1723), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15.03, eff. September 1, 2011.

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.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Sec. 708.155.  CONTRACTS FOR COLLECTION OF SURCHARGES.  (a)  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 and related costs under this chapter. (b)  To provide for alternative or additional collection methods for surcharges receivable, the department may amend a contract entered into under Subsection (a) and enter into additional contracts under Subsection (a). (c)  The total amount of compensation under a contract entered into under this section may not exceed 30 percent of the amount of the surcharges and related costs collected. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 2.04, eff. Jan. 11, 2004.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 573 (S.B. 1723), Sec. 2, eff. September 1, 2007.

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.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.01, eff. Sept. 1, 2003.

Sec. 708.157.  AMNESTY AND INCENTIVES.  (a)  The department by rule may establish a periodic amnesty program for holders of a driver's license on which a surcharge has been assessed for certain offenses, as determined by the department. (b)  The department by rule shall offer a holder of a driver's license on which a surcharge has been assessed an incentive for compliance with the law and efforts at rehabilitation, including a reduction of a surcharge or a decrease in the length of an installment plan.

(c)  The department by rule shall establish an indigency program for holders of a driver's license on which a surcharge has been assessed for certain offenses, as determined by the department. Added by Acts 2007, 80th Leg., R.S., Ch. 573 (S.B. 1723), Sec. 3, eff. September 1, 2007. 

Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.10, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15.05, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 711 (H.B. 588), Sec. 1, eff. September 1, 2011.

Sec. 708.158.  INDIGENT STATUS AND REDUCTION OF SURCHARGES.  (a)  The department shall waive all surcharges assessed under this chapter for a person who is indigent.  For the purposes of this section, a person is considered to be indigent if the person provides the evidence described by Subsection (b) to the court.

(b)  A person must provide information to the court in which the person is convicted of the offense that is the basis for the surcharge to establish that the person is indigent.  The following documentation may be used as proof:

(1)  a copy of the person's most recent federal income tax return that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines;

(2)  a copy of the person's most recent statement of wages that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; or

(3)  documentation from a federal agency, state agency, or school district that indicates that the person or, if the person is a dependent as defined by Section 152, Internal Revenue Code of 1986, the taxpayer claiming the person as a dependent, receives assistance from:

(A)  the food stamp program or the financial assistance program established under Chapter 31, Human Resources Code;

(B)  the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786;

(C)  the medical assistance program under Chapter 32, Human Resources Code;

(D)  the child health plan program under Chapter 62, Health and Safety Code; or

(E)  the national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq.

Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15.04, eff. September 1, 2011.

Sec. 708.159.  ADVANCE PAYMENT OF SURCHARGES.  (a)  The department shall offer an option for a single up-front payment to a person who is assessed an annual surcharge under this chapter to allow the person to pay in advance the total amount that will be owed for the 36-month period for which the surcharge will be assessed.

(b)  Notice under Section 708.151 of an initial surcharge imposed under this chapter must notify the driver's license holder of:

(1)  the total amount the person will owe for the 36-month period for which the surcharge will be assessed; and

(2)  the availability of the advance payment option under this section. (c)  If a person makes a single up-front payment under this section in the amount specified in the notice under Subsection (b)(1) and the person is not, in the 36-month period for which the person made the up-front payment, subsequently convicted of an offense requiring a surcharge or an increase in the amount due to the department, the department is not required to:

(1)  take any further action under Section 708.053, 708.102, 708.103, or 708.104, as applicable; or

(2)  annually notify the person of the assessment of the surcharge under Section 708.151.

Added by Acts 2011, 82nd Leg., R.S., Ch. 711 (H.B. 588), Sec. 2, eff. September 1, 2011.

 

 

Para el Senado de Texas, Texas State Legislatura Body And Programa de Responsabilidad del Conductor

 

Esta petición es un grito de ayuda de los ciudadanos de Texas, para abolir los suplementos y gastos adicionales colocados en violaciónes de conducción. Para techos de precio justo que se colocan en multas conectados a violaciónes de conducción. Coloca los pasos justos en suspensiones de licencias de conducir, donde se minimicen impedimento en el empleo de un individuo o disponibilidad para buscar empleo. 

No deje de individuos de trabajar; es más caro para el estado para apoyar a un individuo y sus familias mediante el uso de cupones de alimentos bienestar etc .... Al tomar sus derechos para hacer su trabajo en una economía donde los empleos son limitados. El recargo y cargos extra son multas de inmersión doble de nuestro estado que son imponer a nuestros ciudadanos. Ya es bastante difícil ganarse la vida la forma en que nuestra economía ha sido, nuestro ciudadanos deben ser capaces de obtener empleos bien pagados y tienen que trabajar dos o tres trabajos para mantener a sus familias. 

Nosotros los ciudadanos entendemos que el Estado de Texas necesita para hacer dinero, sin embargo, el estado de Texas tiene que encontrar una manera de hacer dinero sin imponer multas monetarias extra en nuestros ciudadanos. 

 LA CONSTITUCIÓN DE TEXAS

ARTICULO 1. DECLARACIÓN DE DERECHOS 

Sec. 13. fianza o multas excesivas; Castigos crueles e inusuales; REMEDIO POR CURSO REGULAR. No se exigirán fianzas excesivas, ni se impondrán multas excesivas, ni castigos crueles o inusitados. Todos los tribunales serán públicas, y cada persona de una lesión le hizo, en su tierras, bienes, persona o reputación, tendrá remedio mediante el debido curso de la ley.

 

Doble peligro 

D


Francisco Chavez Jr    Contact the author of the petition