TexasCHLforum.com

Recently, a new member to this board stated...

Please understand I don't post things I haven't checked. [snip] The Department of Public Safety gets up to nine months, 39 weeks, to make a final decision on a CHL.

Well, the classes I've participated in teach that DPS has 60 days to approve or deny a license, or request additional information. I was about to correct this individual, and decided to look up the appropriate statute. What I found surprised me!

GC 411.176(a)

...Not later than the 30th day after the date the department receives the application materials, the department shall forward the materials to the director's designee in the geographical area of the applicant's residence so that the designee may conduct the investigation...

GC 411.176(b)

...the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials. ... On completion of the investigation, the director's designee shall return all materials and the result of the investigation to [DPS]

GC 411.176(d)

On receipt at [DPS] of the application materials and the result of the investigation [by designee] ... the department shall complete the record check and investigation not later than the 180th day after the department receives the application materials from the applicant.

GC 411.177(b)

The department shall, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials: (either issue license, denial, or notify of additional time required)

GC 411.177(c)

Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial.

I am now totally confused. I don't see how these number make sense. But I certainly see that DPS is allowed 180 days (6 months) from receipt of application from applicant, thru the designee's investigation, and DPS's subsequent investigation. GC 411.176(d)

HOWEVER -- DPS must notify with either issuance, denial, or notification of more time within 60 days of when the materials were sent to the designee -- which is 90 days from their receipt by the dept. It then has another 30 days to clear things up before an automatic denial occurs. That's 120 days from initial receipt. And that could be 60 days (180 minus 120) before their (180 day) investigation is complete.

It doesn't make sense that they'd have to notify of results before the end of the time period allowed for their investigation. And ALL of this flies in the face of the 60-day limit commonly understood that DPS has to issue licenses.

...the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials

60 days after "the department receives the application materials" not 60 days after they forward it to the director's designee.

tacticool wrote:

...the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials

60 days after "the department receives the application materials" not 60 days after they forward it to the director's designee.

411.177(b) says DPS must respond back to the student not later than 60 days from the date the director's designee received the material. 411.176(a) says DPS has 30 days to get it to the designee. That's 90 days, as I stated.

The 60 days you're referring to (176b) is the time that the designee has to do their investigation.

It's quite confusing. I'm trying to resist the temptation to generate a Gantt Chart.

I'd a thought this topic would generate some discussion about the "60-day" processing time to get a license, which appears to be 90-120 days, to me. (90 days to DPS notice + 30 days to forced denial). But I guess nobody's interested.

This is actually very simple, as far as the processing times it's easy to understand:
1. New "completed" applications get 60 days -these are for people who have Nothing on their background, i.e. Never been arrested before for any reason or any time. even juvenile records, etc.
2. Renewal "completed" applications get 45 days- again, this is for those who have Nothing on their background, never been arrested and no issues with child support, taxes, etc.

3. 180 days- for new apps or renewals- if the person has ever been arrested before at any time in their lives for any reason, regardless of the outcome. and/or child support issues, or deliquent state taxes issues. these persons fall under the 180 day time frame. these files go beyond the normal data entry processing and must be assigned to trained employees who specialize in the criminal background part of the process. Normally these files take a month or two longer then your normal clean background person.

*On key note- the processing time frame doesn't begin until the department has received all information, in other words if you have to get new prints taken, the 60 days begins the date they receive the new prints. Or, another example- if you did not submit photos and get a letter to send in new photos, the 60 day clock starts the day they receive the new photos. The statue states 60 for a "Completed" application.

this should clear things up..

I would be quite interested in how you justify your timeline with the quoted statutes above (or any other statutes, for that matter). What makes you think a "completed" application means one with nothing declared in their background history? I would think a completed app would be one with all questions answered, and includes acceptable pictures and fingerprints.

wow, I guess I need to be more clear..
Here are the actual processing times according to DPS-
For New applications(with Clean backgrounds*) is 60 days from the date DPS receives a completed application from the applicant. a completed application means dps has received everything needed from the applicant's end. Example- If someone sends in an application, but did not submit photos, the 60 days doesn't start at the time they receive the application, it starts on the date they receive back the missing photos. "Completed Application" is not the same as "Finished Application" the processing times are solely based on receipt of information from the applicant in order to begin the background checks, etc. This includes fingerprints, photos, training forms, affidavits, DD-214's, etc.

example 2: Let's say dps received someone's application on May 1st, but on May 20th they send a letter stating that the applicant must get new prints taken, then the applicant goes to L1 and gets new prints on May 26th. Their processing time is now 60 days from May 26th.

For Renewals(with Clean backgrounds*)- the exact same applies as above, only instead of 60 days, it's 45 days.

*Clean backgrounds- someone who was never arrested, no child support issues, not deliquent on taxes, etc. this includes juvenile arrests and class C misdemenors, even if non-disqualitying


Now then, for both New apps and renewals(for those with anything on their background- non-disqualying or not)- the processing time is 180 days from date of completed application.

So, lets say someone pays online on November 10th, then takes the class Feb. 2nd, then waits and mails the paperwork on April 24th.. DPS receives the paperwork on April 27th. The processing time normally would be 60 days from 4/27/2011. However, the person did not sign the CHL-100, dps sends them a letter and they mail back the properly signed CHL-100 on May 12th, dps receives this form on May 14th. Now, it's 60 days from 05/14/2011. Let's say also that they need to retake new prints and they get new prints at L1 on May 20th. Now, it's 60 days from 05/20/2011. In other words 60 days from the date the department has received EVERYTHING they need from a applicant to fully process the application. Now, lets say when they run the prints something pops up and the applicant had an arrest on their background from way back when.. It's now 180 days from 05/20/2011, and the file will need to be assigned to a technician to be review further and much more thoroughly than the Clean record folks.

I know the processing times, statues, regulations, policies, etc very well, just sometimes have a hard time artiqulating(I know I mispelled this word) them.

I guess I need to be more clear, too.

So, again, how do you justify what you say the times are, with the statutes I quoted earlier?

In other words, not meaning to be rude, but why should I believe what you are saying. It doesn't seem to jive with the written regs.

Sorry but just saying, "According to DPS" isn't good enough unless you have something to back that up.

And, you stated in your first response

New "completed" applications get 60 days -these are for people who have Nothing on their background, i.e. Never been arrested before for any reason or any time. even juvenile records, etc.

now you state that a completed application means that all materials have been received, which does make more sense.

I'm really not trying to fight you here. I'm willing to let the whole thread die. But I'm not going to accept someone who says "this is the way it is", unless they have something to back up what they are saying.

By you logic, what is the absolute MAXIMUM that DPS can take to approve, or deny a license?