DPS withdraws request for AG's opinion on checkpoints

AUSTIN — The Department of Public Safety is abandoning plans to set up statewide driver's license checkpoints in the face of strong opposition from a group of state lawmakers.

Public Safety Commission Chairman Allan Polunsky said Friday that the request for an attorney general's opinion on the legality of checkpoints had been misconstrued as an effort to crack down on illegal immigrants.

Although that was not the case, he said, the opinion request will be withdrawn.

"It turned into an immigration issue, which it never was intended to be," Polunsky said. "The Department of Public Safety has not and will not be involved in the enforcement of immigration laws in this state."

He added that he respects the opinions of the legislators who were concerned about checkpoints.

"Some of them are very good friends of mine and I felt (withdrawing the request) was the best thing to do," he said.

The commission didn't formally vote to retract the opinion request because the issue was not on the agenda. They plan to take it up at their December meeting.

Polunsky said Gov. Rick Perry's office initiated the idea that DPS might have authority to set up checkpoints, which have been illegal in Texas since 1994.

Allison Castle, a spokeswoman for Perry, said the governor supported providing law enforcement with the tools they need, but would defer to Polunsky on the decision.

Fifteen lawmakers had asked Attorney General Greg Abbott to ignore the request.

One of the lawmakers, Rep. Ruth Jones McClendon, D-San Antonio, said it was inappropriate for a state agency to make immigration policy for Texas.

"If the commission believes that the DPS can establish a checkpoint program that will meet the requirements and the spirit of our state and U.S. Constitution and laws, then it can make this legislative proposal for consideration in the upcoming session," McClendon said.

Another critic, Sen. Leticia Van de Putte, D-San Antonio, said she is "delighted that the department has realized that the best place for decisions in changes of law is at the Legislature, not at an appointed commission."

Several legislators said they suspected the checkpoints would be used to crack down on illegal immigrants. They drew that conclusion because it came on the heels of a commission decision in August to adopt new rules requiring applicants for driver's licenses to prove they are here legally.

DPS spokesman Tom Vinger said there was never a plan in place to adopt checkpoints and the AG's opinion was sought "for informational purposes" only.

Checkpoints have not been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a "politically accountable governing body at the state level." That case involved a sobriety checkpoint in Arlington.

Sunset review for DPS

The Legislature has declined to pass bills setting up procedures for driver checkpoints.

The upcoming legislative session is key to DPS, which is undergoing sunset review and must be reauthorized. The state's top law enforcement agency also has been criticized for security lapses surrounding an arsonist's attack on the governor's mansion in June.

Also on Friday, the commission voted to move forward with a major overhaul recommended by a consulting group.

The report recommended strengthened regional commands, a new intelligence and counterterrorism division, and customer-focused driver's license offices.

Troopers have criticized a portion of the report that said the department should be open to civilian leadership for some of its top positions.

"I feel that it would be a very good blueprint for us to go forward," Polunsky said. "It's important to understand that not necessarily everything included in the report will eventually be adopted."

janet.elliott@chron.com