TexasCHLforum.com

roberts wrote:According to the law you quoted the law enforcement agency is allowed access to the records for a traffic stop but then DPS "shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the agency making the request."

I'm going blind I tell you, blinddddddd!!! Can you tell me where you see the term "traffic stop" mentioned in Sec. 411.192. CONFIDENTIALITY OF RECORDS??

Methinks you are mixing apples and oranges.

roberts wrote:

joe817 wrote:Here's the law in its entirety for confidential records for a CHL holder:

"Sec. 411.192. CONFIDENTIALITY OF RECORDS. (a) The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, and zip code. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552.

(b) An applicant or license holder may be furnished a copy of disclosable records regarding the applicant or license holder on request and the payment of a reasonable fee.

(c) The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the agency making the request.

(d) This section does not prohibit the department from making public and distributing to the public at no cost lists of individuals who are certified as qualified handgun instructors by the department."

Are you sure? I know people have their CHL status disclosed during a traffic stop and they didn't get a notice from DPS with "the name of the agency making the request."

Ahhhhh, now you are throwing a different set of variables into the equation, with the key words being "traffic stop". An entire set of laws and regulations come into play now......as opposed to an individual or business requesting confidential information on someone. The question now is "does a LEO have legal right to access that type of confidential information when making a "traffic stop"? I believe the answer would be yes.

C-dub wrote:

joe817 wrote:

C-dub wrote:I thought this information could be requested, but we, the CHL holder, would be notified of such a request. Did this change? I thought even I could find out if anyone was a CHL holder, but had to do so in writing for a specific person and they would be notified that this information had been requested.

C-dub, you are correct. But it only applies to LEO requests. And it's not a specific person....it's a specific agency.

Okay, cool.

Oops. I meant, for example, if someone wanted to know if I had a CHL that the request had to be specifically for me. They couldn't just do a blanket search for all the people that lived in my area. Or could they? Maybe that's the way it used to be when a non LE person could request this information.

No. No one except a LEO can request and get info on a CHL holder, as I understand it, as it is excluded from the Opens Record Law. It is considered confidential information that ordinary citizens do not have access to. Whether one person, or a group of people.

C-dub wrote:I thought this information could be requested, but we, the CHL holder, would be notified of such a request. Did this change? I thought even I could find out if anyone was a CHL holder, but had to do so in writing for a specific person and they would be notified that this information had been requested.

C-dub, you are correct. But it only applies to LEO requests. And it's not a specific person....it's a specific agency.

Ordinary citizens/employers/companies, etc. who want to find out will be denied.

Now that does NOT apply to CHL instructors. The DPS will furnish that info to anyone. But it only applies to DPS certified CHL instructors. Hope that helps.

usa1 wrote:i dont think you should worry Mr.XXXXXXX

BTW. sorry i was nosy ...

I agree. I don't think the NSA is going to waste their time on you, or me, or anyone else here........I hope.

Here's the law in its entirety for confidential records for a CHL holder:

"Sec. 411.192. CONFIDENTIALITY OF RECORDS. (a) The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, and zip code. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552.

(b) An applicant or license holder may be furnished a copy of disclosable records regarding the applicant or license holder on request and the payment of a reasonable fee.

(c) The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the agency making the request.

(d) This section does not prohibit the department from making public and distributing to the public at no cost lists of individuals who are certified as qualified handgun instructors by the department."