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Renegade wrote:Seems to me they are meeting the requirement of the law since they did provide "written notice of the expiration of the license and a renewal form."

Renegade:

I don't think DPS is meeting the requirements of 411.185(b). They are not sending a "renewal form," they are sending a notice for you to request a renewal form. The fact that they include in the title the terms "renewal form" makes me even more convinced they know this does not meet the statute.

Look at the full text of 411.185(b):

(b) The director by rule shall adopt a renewal application form requiring an update of the information on the original completed application. The director by rule shall set the renewal fee in an amount that is sufficient to cover the actual cost to the department to renew a license. Not later than the 60th day before the expiration date of the license, the department shall mail to each license holder a written notice of the expiration of the license and a renewal form.

It's clear the "renewal form" required is a document sufficient to meet the requirement to renew the license. As such, it must have a place to "update [the] information on the original completed application." The DPS notice of expiration does not meet this requirement, regardless of the title it bears. The fact that they sent the entire renewal packet for about 8 years before changing to this new procedure shows they know what must be provided.

In spite of CHL being a cash cow for DPS, they view it as a burden, especially in light of the time constraints they routinely ignore. Not sending full renewal packets a/k/a "renewal forms" is both easier for DPS and it increases the chance people will let their CHL's expire.

Regards,
Chas.

Thanks Kyle, that helps me put the timing in perspective.

I have great respect for DPS as an agency and I've not had a single bad experience with a DPS Trooper. I wish DPS's attitude toward the CHL statute was up to its general reputation. Gross delays in processing new and renewal applications and bogas "bad fingerprint cards" to buy time are bad enough. Simply choosing not to send applications in direct violation of 411.185(b) is especially irritating, in view of the potential for honest CHL's to make the same mistake as did the Georgetown minister. I sure hope the DA drops the charges.

Regards,
Chas.

I have been made aware of a minister who was arrested during a traffic stop in or around Georgetown Texas and was ultimately charged with UCW. As the minister was about to hand his TDL and CHL to the officer, he noticed that the CHL had expired 26 days earlier and he advised the officer. He stated he never received a renewal packet or a notice of expiration.

I was skeptical when I first learned of this incident as it has been my experience that DPS sent my renewal packet about six months before my two expiration dates. My wife and sons got theirs early as well. Unfortunately, investigation has revealed that DPS is violating the law by not sending renewal applications (packets) to CHL holders at least 60 days prior to renewal. This express requirement is found in Texas Gov’t Code §411.185(b). http://www.capitol.state.tx.us/statutes ... 411.185.00

A DPS worker has stated that they now send only a card or letter with both an 800 number and the DPS web site address where a CHL holder must request the renewal application. She also stated that CHL Instructors are being taught that this is the proper renewal procedure and that it has been in use ever since the on-line renewal feature was added to the DPS web site.

This procedure is troublesome for several reasons. First, it violates the law! More importantly, innocent people are going to inadvertently violate Penal Code §46.02 by letting their CHL expire. Many of those who have had CHL’s long enough to go through the renewal process the proper way are undoubtedly waiting for the full renewal packet to arrive in the mail. Also, it’s much easier to miss a small card or letter in the mail, if it even gets to you, than it is to miss the rather large renewal packet. Further, people are less likely to set a large packet aside and forget about it than a small card or letter. This unlawful procedure may be easier and cheaper for DPS, but it can reek havoc on unsuspecting CHL holders.

Everyone needs to be aware of this new and unlawful DPS procedure and help warn your CHL friends and family as well. I’m interested to hear from some CHL Instructors as to what you have been taught by DPS and what your students’ experience has been regarding renewal packets.

Regards,
Chas.