Left to its own devices and unchecked by citizens, the state will invariably design increasingly audacious and illegal methods to revenue generate from the people.

The Driver Responsibility Program, instituted in 2003, was created specifically for the purpose of addressing a budget shortfall—in other words, to meet the ever avaricious financial demands of government—under the excuse of promoting “responsible driving.”

The program levies additional surcharges upon fines for traffic violations. If the victims are unable or unwilling to pay the outrageous surcharge, they are stripped of the “privilege” to drive on Texas roads and highways.

A state senator from Dallas, Don Huffines, has compared the program to debtors’ prison. “Obviously, it doesn’t bother a rich person, someone who has the ability to pay,” said Huffines, a Republican. “But we’re creating a permanent underclass.”

The state excels at creating a permanent underclass through taxation and regulation of business. Texas is little different to other states in this regard.

Left unsaid is the fact the so-called Driver Responsibility Program is not only illegal, it is a violation of the Constitution. Because the “surcharge” is arbitrarily added to fines after a court appearance, it is a distinct violation of the Fifth Amendment and the right of due process.

Moreover, the Constitution (Article I, section 9) states that “no bill of attainder shall be passed.” A bill of attainder, also known as a bill of pains and penalties, declares a person guilty of a crime without a trial. It is also banned by the constitutions of all states, including Texas.

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