TexasCHLforum.com

This is the common understanding, based on the somewhat confusing way the code is written. I to thought it to be this way until I took the time to investigate it in depth following the problems encountered with my wife's application this past year. After 60+ days of and no response, she contacted the DPS and was told her app had been approved, however, the girl handling her app was "really busy", but assured her it would be issued that day. A second call a few days later was met with "we are not sure why it was not issued, but it shows to have been approved several weeks ago. After another week, I became involved and spoke to a supervisor. To her credit, she did get the license issued that day along with an apology, but during our discussion she was able to point out a few facts in the code that, like most, I had missed or misread.

The code in question is the Texas Government Code, sections 411.176 REVIEW OF APPLICATION MATERIALS and 411.177 ISSUANCE OR DENIAL OF LICENSE. For full understanding, one should read the entire text, however, for the sake of time, I will only include the pertinent areas.

Section 411.176 (a) states: .....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 described by Subsection (b). .....

(b) .....The scope of the record check and the investigation are at the sole discretion of the department, except that 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. .....

Section 411.177 (b) states: .....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:
(1) issue the license
(2) notify the applicant in writing that the
application was denied:
(A) on the grounds that the applicant failed to
qualify under the criteria listed in Section 411.172;
(B) based on the affidavit of the director's
designee submitted to the department under Section 411.176(b); or
(C) based on the affidavit of the qualified
handgun instructor submitted to the department under Section 411.189(c); or
(3) notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the amount of time the department will need to make the determination. .....

Section 411.177 (c) states: 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.


So, to review the facts of the above information, the DPS has 30 days from receipt of a completed packet to send it to the director's local designee. (In other words, they can actually sit on it for the first 30 days.) The local designee then has 60 days from the time the packet was originally received by the DPS to review it and send it back to the DPS. (Note that it says received by DPS, not the designee, this insures that the designee has at least 30 days to review the packet and send it back to the DPS. This now accounts for a total of 60 days from the receipt of the packet by the DPS. ) Once the DPS receives the packet back from the local designee, the DPS has 60 days from the time it is received by the local designee in which to process the packet and act on it. (Note that it says from the time received by the local designee, not the DPS, this insures that the DPS has at least 30 days for final processing of the packet. This now accounts for a total of 90 days from the original receipt of the packet by the DPS.)

It is also stated that if they do not act within 30 day after these time lines, the app is considered denied.

Therefore, if you add up these numbers, you will see that the DPS actually has a total of 90 days to act on your application and it is determined denied only after 120 days of inactivity. It also allows the DPS to extend this time to a total of 180 days if there is reasonable cause to suspect there exist some disqualifying event, but only with proper notification within the original 90 days (actually 120 days if you consider the 30 day grace before assumed denial).

It is a bit confusing when you read it, and as the supervisor admitted to me, they do try to complete the process within 60 day of the receipt of a completed packet, however, they actually have 90 days to act, and if you read the code carefully, you will see this is actually what is stated.

Hope this helps.

Take care all and be safe.

Doc

dws1117 wrote:

Of states that issuse some type of CHL , does Texas have one of the longest wait times?

Does anyone know what the original reason for such a long wait time?

Charles L. Cotton wrote:(c) The department shall renew the license of a license
holder who meets all the eligibility requirements and submits all
the renewal materials. Not later than the 45th day after receipt of
the renewal materials, the department shall issue the renewal or
notify the license holder in writing that the renewal application
was denied.

Regards,
Chas.

longtooth wrote:flint, I sure am glad you have it again. Now I won't be embarrassed when I say something about folks getting in a time tight. Welcome back to the "Well Dressed Citizens Circle".

dws1117 wrote:Welcome to the forum Ogre77497.

Did they say why there was so much difference in completion times?

fire128 wrote:DPS recieved my packet on Jan 31, according to return reciept. Today I recieved my PIN #and the posted date was Feb 22. Hopefully the rest of the process will be as quick. Heck Im one of the good guys, never been in trouble, am a civil servent, lived in the same place for 13 yrs. Shouldnt have to much to background check. Still, with my luck something will get screwed up