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Is the fact that I have a CHL public or private?
by Donald Ray Burger
Attorney at Law

Section 411.192 of the Texas Government Code addresses this question.

First, the DPS "shall" disclose to a "criminal justice agency" the "information in its files and records regarding whether a named individual or any individual named in a specified list" is a CHL.

Second, the DPS shall, upon written request and payment of a reasonable fee, disclose to any other individual whether a "named individual or any individual whose full name is listed on a specified written list" is a CHL.

Information subject to disclosure includes name, date of birth, gender, race and zip code.

The DPS is required to notify you "of any request" that is made for this information and the name of the "person or agency" making the request.

Question answered 1/20/04

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