How long for DPS to process your CHL

[dws1117]

Welcome to the forum Ogre77497.

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

[Geopagus]

Found this by a gentleman over at packing.org. Thought it might help clarify as to why some people are delayed or believe they are delayed in receiving their CHL's. Very good and informative post, if it holds water. Of course, I'm still waiting at around calandar day 70 or something to that effect.

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

[Kalrog]

I haven't had the time to verify the information in this post - but I hope someone around here does have the time...

If this is true, can we get this added to the 2007 list?

[dws1117]

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?

[nitrogen]

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?

I know some places you can wait longer for just a owners permit. When I got my AZ CWP, I took less than 15 days from the day I submitted everything to the day I got my permit back.
It took TX almost 30 days to even start looking at my paperwork.

[Charles L. Cotton]

Unfortunately, Geopagus' information is correct. I also have to admit I had never noticed the error in the language of §411.177(b) wherein it refers to the "director's designee" rather than the department, as set out in §411.176(b).

During all of the hearing and meetings on S.B. 60 and it's predecessors, the deadline for processing and issuing new CHL's was 60 days, not 90 days. However, I must concede the statute actually allows 60 days from the date the designee receives the packet, which may or may not be a total of 90 days. It will only be 90 days if the department waits 30 days to get send it to the designee.

Also, this section is inconsistent with renewal time limits. Renewals must be issued or denied within 45 days of the department's receipt of the materials, not the designee's receipt. So, the drafting error will benefit the DPS only with regard to initial CHL's, not renewals.

Here is the language for renewals from §411.185(c):

(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.

Yes, this looks like something else for 2007.

Regards,
Chas.

[dws1117]

Looks like 2007 will be a busy year.

[flintknapper]

(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.

Mine went a full 20 days past the alloted (45). Maybe my passport photos had me looking a little "shady", who knows. Oh well, I've got it now.

[longtooth]

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

[flintknapper]

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".

No need for embarrassment. I was the first to say it.

Time constraints, not procrastination was the problem for me. The result however, was the same. "Naked" for almost two months.

The shame of it all!

Indeed, I recommend : Get 'er done early!

[Ogre77497]

Welcome to the forum Ogre77497.

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

They said they were waiting for my backgrounds to be completed. "And be patient."

[aggie dad]

I am now sitting at 71 days, so decided to place call this morning. They advised they are waiting to hear from FBI on background check, and to give it a little more time. I guess given the climate we live in today this should be no surprise, with items like CHL going to back burner.

Doug

[fire128]

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

[Ogre77497]

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

I thought I was one of the good guys. 20 years US Army, licensed Texas real estate agent, license Texas private investigator. Heck, DPS did a background check to include FBI for the PI license, but it still took just under 90 days.

My wife got her PIN a week after she got her CHL. At just under 60 days.

Boy, was I wanked! But she did a heck of a job protecting me for a month till I got my license.

[jbenat]

My wife & I sent in our CHL applications on Jan. 2nd, 2006. She received her CHL on Feb. 25th. Mine is still "Processing Application" . Guess I'll have to hide behind her for protection or just run like hell!!! After reading other horror stories I'm not suprised though.

SERENITY NOW!!!!!
SERENITY NOW!!!!!
SERENITY NOW!!!!!