The department is authorized to provide for a periodic amnesty
program under the Driver Responsibility Program, Texas Transportation
Code, §708.157(a). Periodic amnesty reductions will be offered
at the department's discretion.
  (1) Amnesty will apply to individuals who have been
in default for a specified amount of time and individuals who have
balances below a specified amount prior to the amnesty period. The
department will determine the amount of time in default and how often
the amnesty period will be conducted during a calendar year.
  (2) The Reduction Amnesty Program will reduce an individual's
active surcharge balance to $250 or 10% of the total amount of surcharges
assessed, whichever is less.
    (A) To be eligible for the Reduction Amnesty Program
reduction, each individual will be required to complete an application
online at www.txsurchargeonline.com or by telephone at 1-800-688-6882.
    (B) The total amount is based on all offenses on the
driver record at the beginning of each amnesty period. Annual surcharges
that have not been assessed for the offenses will be waived. If a
new offense is reported and a new surcharge assessed after the beginning
of the amnesty period, the reduction will not apply to the new surcharge.

    (C) Once the department determines the applicant is
eligible for the reduction amnesty, the department will rescind the
suspension of driving privileges for each applicant that receives
amnesty.
    (D) Payment of the reduced amount must be received
by the end of the amnesty period.
    (E) If payment of the reduced amount is not received
by the end of the amnesty period, the reduced balance will be reverted,
and the suspension of driving privileges will be reinstated.
    (F) A notice will be sent to each applicant receiving
the reduction amnesty and will provide the last date to pay and the
balance due.
    (G) If the applicant has made payment(s) prior to approval
for the reduced payment, the prior payment(s) will be applied to the
reduced payment.
      (i) If the prior payment(s) is less than the reduced
payment, the driver will be required to pay only the difference.
      (ii) If prior payment(s) exceeds the reduced payment,
the driver will not be required to make a payment. Any prior payments
that exceed the reduced payment will not be processed for a refund.
    (H) If the reduced payment is received after the end
of each amnesty period, the payment will be applied to the oldest
outstanding surcharge account(s), and the individual must comply with
the original surcharge assessment(s).
    (I) An individual will be eligible to receive reduction
amnesty only once every three years.
  (3) The Low Balance Amnesty Program will waive an individual's
active surcharge balances that meet the balance requirements set by
the department.
    (A) To be eligible for the amnesty reduction, each
individual must meet the low balance requirements set by the department
during the amnesty period.
    (B) Each waived amount is based on all offenses on
the driver record at the beginning of the amnesty period that meet
the low balance requirements set by the department. New surcharges
assessed after the beginning of the amnesty period will not qualify
for low balance amnesty.
    (C) Once the department determines the applicant is
eligible for amnesty, the department will waive the low balance that
meets the department's balance requirements for that amnesty period.
    (D) A notice will be sent to each applicant receiving
low balance amnesty.
  (4) The compensation authorized by Texas Transportation
Code, §708.155(c) applies to the reduced payment.


Source Note: The provisions of this §15.164 adopted to be effective July 18, 2012, 37 TexReg 5318; amended to be effective January 12, 2015, 40 TexReg 250