Of course the FBI must accept the fingerprints in order for DPS to meet the requirements of the statute. That's not only implicit in the Code requirement, it's clear from the language you quoted. §411.176(b) expressly states the prints are to be sent to the FBI ". . . for a national criminal history check of the applicant." If the FBI rejects a set of prints, it wouldn't be doing "a national criminal history check of the applicant." The fact that the background check can now be performed by DPS doesn't change the requirements of the Code. It does make this provision outdated and it should be repealed, but DPS doesn't have the option of simply ignoring it.XinTX wrote:So DPS HAS TO send the prints, but it doesn't say the FBI has to find them acceptable.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).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.
Chas.