Thursday, May 10, 2007

CHL Confidentiality in Texas

The current law concerning CHL confidentiality in Texas is one of the better ones in the country. An organization or an individual could not obtain a list of CHL holders as we have seen happen in other states. An organization can request, in writing, if certain individuals have been issued a CHL, but can not just request a generic list. They have to provide the name of the individual they are interested in.


(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.

[The department shall, on written request and payment of a reasonable fee to cover costs of copying, disclose to any other individual whether a named individual or any individual whose full name is listed on a specified written 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.
I have good news, a decent law is about to become even better.

From the NRA-ILA

On Wednesday, May 9, the Texas Senate gave final approval to House Bill 991, the Concealed Handgun License confidentiality (CHL) bill sponsored by State Representative Patrick Rose (D-Dripping Springs) and State Senator Bob Deuell (R-Greenville). The bill now goes to Governor Rick Perry (R) for his signature.
What this bill does is delete the portion of the bill in brackets [The department shall...] . Private parties and news organizations can no longer obtain information on an individuals CHL status. This is great news. There are companies in Texas that request this information on potential new hires. These companies are no longer able to discriminate against an individual based on the fact that the individual has accepted the responsibility of self defense.

This makes two good pieces of legislation making their way into Texas law during this session. The first was the Castle Doctrine Bill. Things are looking up for the RKBA in Texas.


Anonymous said...

"Things are looking up for the RKBA in Texas."

Amen. It's good to be in Texas.

the pistolero said...

It's good to be in Texas.
Absolutely. This is the way it should have been from the start.