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Senate Bill 1005 |
Senate Author: Hinojosa |
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Effective: 5-27-09 |
House Sponsor: Kolkhorst |
Senate Bill 1005 amends the Occupations Code to abolish the Polygraph Examiners Board and to transfer obligations, property, full-time equivalent positions, rights, powers, duties, and unexpended funds relating to the regulation of polygraph examiners to the Texas Department of Licensing and Regulation. All rules of the board are continued as rules of the Texas Commission of Licensing and Regulation until superseded by a rule of the commission, and a reference in another law or administrative rule to the board means the department. The bill establishes the polygraph advisory committee to advise the commission on certain issues relating to a polygraph examiner license and sets forth the composition of the committee, the terms of its members, and the committee's duties. The bill excludes from qualification for a polygraph examiner license a person who has been convicted of an offense established by the commission that directly relates to the duties and responsibilities of a polygraph examiner, whereas previous law excluded a person who had been convicted of a misdemeanor involving moral turpitude or a felony. The bill alters the terms on which a polygraph examiner internship license must be issued and may be renewed, requires a written contract for a polygraph examiner's services and a waiver of liability signed by the subject of a polygraph examination to include information regarding complaint procedures against an examiner with the department and the department's contact information, and modifies the circumstances under which the department may deny a license or take disciplinary action against a license holder. Senate Bill 1005 amends the Government Code to make conforming changes.
Senate Bill 1005 requires the Department of Public Safety (DPS) and the Texas Department of Licensing and Regulation (TDLR) before July 15, 2009, to develop and enter into a memorandum of understanding relating to the transfer of functions relating to polygraph examiners from DPS to TDLR.