TexasCHLforum.com

So NOW it finally gets through my rather thick noggin. IOW, today DPS can do the check without going through the FBI. And DPS doesn't need prints to do that. But FBI wants prints acceptable per their standards do do the check. So the law would need to be changed to eliminate the requirement that the FBI do the checks (as it currently stands).

Charles L. Cotton wrote:I don't know where you heard that, but sorry it wrong. Tex. Gov't Code §411.176(b) specifically requires that the fingerprints be sent to the FBI. "The department shall send a fingerprint card to the Federal Bureau of Investigation for a national criminal history check of the applicant." DPS had nothing to do with requiring fingerprints or sending them to the FBI.

Chas.

So DPS HAS TO send the prints, but it doesn't say the FBI has to find them acceptable. If the check can be done with 'unacceptable' (to the FBI) prints, couldn't the DPS keep sending the rolled print cards (and the FBI could reject them, but so what if they can still do the criminal history check?). Unless there's another section that states the prints must be acceptable to the FBI. Seems like this could be done via an administrative 'determination' (barring any other sections of the code).

Barbi Q wrote:DPS can do the required background check without fingerprints, but the law requires applicants to send fingerprints. They could (circular) file the fingerprints, and do the background check sans prints, using NCIC, TCIC, and NICS. That would satisfy the required background check and create no new barriers to CHL applicants. Instead, they chose to put a bigger burden on applicants by requiring the prints be done by ONE company.

I wonder who owns the company and who they're related to.

Exactly. They could 'accept' anything resembling 'fingerprints' and promptly (circular) file them. No pass/fail criteria other than someone could plausibly say they were 'fingerprints'. Then do the BG checks and be done with it. Save the DPS time and budget with all the fingerprint handling and processing.

Can't say I'm a fan of this setup with L-1. But I don't know any details of the deal. And while some places are relatively 'close', with traffic and all a trip to any of them and back (plus time getting it done) is about two hours. And like others have said, the technology to collect the prints is not that much. So why the sole source? It just smells fishy.

But the biggest thing is if the prints aren't needed, why collect them in the first place? And part of it is my objection to be treated like a criminal (photo'd and fingerprinted) when I've broken no law. But it is what it is.