By: Carter H.B. No. 838
73R2927 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of polygraph examiners and the transfer
1-3 of certain functions regulating polygraph examiners to the
1-4 Commission on Law Enforcement Officer Standards and Education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Polygraph Examiners Act (Article 4413(29cc),
1-7 Vernon's Texas Civil Statutes) is amended by adding Section 1A to
1-8 read as follows:
1-9 Sec. 1A. ADMINISTRATIVE FUNCTIONS TRANSFERRED. Certain
1-10 functions relating to the administration of this Act are
1-11 transferred to the Commission on Law Enforcement Officer Standards
1-12 and Education in accordance with Chapter 415, Government Code. To
1-13 the extent of a conflict between this Act and Chapter 415,
1-14 Government Code, Chapter 415, Government Code, prevails.
1-15 SECTION 2. Section 4, Polygraph Examiners Act (Article
1-16 4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
1-17 follows:
1-18 Sec. 4. Minimum Instrumentation Required. Any instrument
1-19 used to test or question individuals for the purpose of detecting
1-20 deception or verifying truth of statements shall record visually,
1-21 permanently, and simultaneously: (1) a subject's cardiovascular
1-22 pattern; <and> (2) a subject's respiratory pattern; and (3) a
1-23 subject's galvanic skin response. Patterns of other physiological
1-24 changes in addition to (1), <and> (2), and (3) may also be
2-1 recorded. The use of any instrument or device to detect deception
2-2 or to verify truth of statements which does not meet these minimum
2-3 instrumentation requirements is hereby prohibited and the operation
2-4 or use of such equipment shall be subject to penalties and may be
2-5 enjoined in the manner hereinafter provided. The sole use of a
2-6 voice stress analyzer, a psychological stress evaluator, or a
2-7 similar voice actuated instrument is prohibited regardless of the
2-8 semantics used to report the diagnostic opinions of the operator of
2-9 the device or instrument.
2-10 SECTION 3. Sections 5(b) and (k), Polygraph Examiners Act
2-11 (Article 4413(29cc), Vernon's Texas Civil Statutes), are amended to
2-12 read as follows:
2-13 (b) The board shall contract with the Commission on Law
2-14 Enforcement Officer Standards and Education <Department of Public
2-15 Safety> for the administrative functions of the board that are not
2-16 transferred under Section 1A of this Act and Chapter 415,
2-17 Government Code, including the collection of all fees and money due
2-18 and the payment of all expenses, including travel expenses of board
2-19 members. Each member of the board is entitled to a per diem as set
2-20 by legislative appropriation for each day that the member engages
2-21 in the business of the board. A member may not receive any
2-22 compensation for travel expenses, including expenses for meals and
2-23 lodging other than transportation expenses. A member is entitled
2-24 to compensation for transportation expenses as prescribed by the
2-25 General Appropriations Act.
2-26 (k) A polygraph examiner licensed in this state must attend
2-27 not less than 40 hours of <The board may recognize, prepare, or
3-1 implement> continuing education during every two-year period
3-2 <programs for polygraph examiners and trainees>. The board by rule
3-3 shall establish criteria for continuing education programs and
3-4 shall ensure that every license holder has the opportunity to
3-5 attend continuing education programs by either providing programs
3-6 or approving the programs offered by other sources <Participation
3-7 in the programs is voluntary>.
3-8 SECTION 4. Sections 6(d) and (e), Polygraph Examiners Act
3-9 (Article 4413(29cc), Vernon's Texas Civil Statutes), are amended to
3-10 read as follows:
3-11 (d) The financial transactions of the Commission on Law
3-12 Enforcement Officer Standards and Education <Department of Public
3-13 Safety> that relate to the administration of this Act are subject
3-14 to audit by the state auditor in accordance with Chapter 321,
3-15 Government Code.
3-16 (e) On or before January 1 of each year, the Commission on
3-17 Law Enforcement Officer Standards and Education <Department of
3-18 Public Safety> shall make in writing to the governor and the
3-19 presiding officer of each house of the legislature a complete and
3-20 detailed report accounting for all funds received and disbursed by
3-21 the commission <department> under this Act during the preceding
3-22 year.
3-23 SECTION 5. Section 8(a), Polygraph Examiners Act (Article
3-24 4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
3-25 follows:
3-26 (a) A person is qualified to receive a license as an
3-27 examiner if the person previously held a license under this Act and
4-1 meets the requirements for a new license under Section 17 of this
4-2 Act or if the person:
4-3 (1) <who> has not been convicted of a felony or a
4-4 misdemeanor involving moral turpitude; <and>
4-5 (2) <who> holds a baccalaureate degree from a college
4-6 or university accredited by an organization that the board
4-7 designates and that the board determines has accreditation
4-8 standards to ensure a high level of scholarship for students, or in
4-9 lieu thereof, has three <five> consecutive years of active
4-10 investigative experience immediately preceding his application and
4-11 has completed not less than 60 credit hours in a college or
4-12 university or the equivalent amount of hours and courses required
4-13 for an associate degree from an accredited college or university;
4-14 <and>
4-15 (3) <who> is a graduate of a polygraph examiners
4-16 course or a course in the science of the psychophysiological
4-17 detection of deception approved by the board and has satisfactorily
4-18 completed not less than six months of internship training<,
4-19 provided that if the applicant is not a graduate of an approved
4-20 polygraph examiners course, satisfactory completion of not less
4-21 than 12 months of internship training may satisfy this
4-22 subdivision>; and
4-23 (4) <who> has passed an examination conducted by the
4-24 board, or under its supervision, to determine his competency to
4-25 obtain a license to practice as an examiner.
4-26 SECTION 6. Section 17(e), Polygraph Examiners Act (Article
4-27 4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
5-1 follows:
5-2 (e) If a person's license has been expired for two years or
5-3 more, the person may not renew the license. The person may obtain
5-4 a new license by submitting to reexamination <and complying with
5-5 the requirements and procedures for obtaining an original license>.
5-6 SECTION 7. Section 24A(b), Polygraph Examiners Act (Article
5-7 4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
5-8 follows:
5-9 (b) Each written contract for the services in this state of
5-10 a licensed polygraph examiner and each waiver of liability that is
5-11 signed by the subject of a polygraph examination shall contain the
5-12 name, mailing address, and telephone number of the board. A waiver
5-13 of liability or a written consent and release form signed by the
5-14 subject of a polygraph examination must also include a request that
5-15 the subject authorize the polygraph examiner to disclose
5-16 information acquired from the polygraph examination to the board or
5-17 the board's representative to determine compliance with this Act.
5-18 SECTION 8. Subchapter A, Chapter 415, Government Code, is
5-19 amended by adding Section 415.016 to read as follows:
5-20 Sec. 415.016. ADMINISTRATION OF POLYGRAPH EXAMINERS;
5-21 DEFINITION. (a) In this section, "board" means the Polygraph
5-22 Examiners Board.
5-23 (b) The commission shall perform the following functions
5-24 that are necessary or useful to the administration of the Polygraph
5-25 Examiners Act (Article 4413(29cc), Vernon's Texas Civil Statutes):
5-26 (1) data processing functions;
5-27 (2) personnel administration services, including the
6-1 administration of records relating to payroll, personnel files,
6-2 vacation and other leave records, employee insurance and other
6-3 benefits records, and employee applications;
6-4 (3) other recordkeeping functions; and
6-5 (4) functions related to the purchasing or other
6-6 acquisition of property.
6-7 (c) The functions transferred to the commission by
6-8 Subsection (b) are of an administrative nature. The transfer of
6-9 functions does not authorize the commission to make any decision
6-10 about whether a property acquisition should be made by the board
6-11 and does not authorize the commission to make personnel decisions
6-12 regarding board employees assigned to carry out the policy or
6-13 regulatory functions of the board such as the hiring, transfer,
6-14 termination of employment, or discipline of an employee. The
6-15 commission may make personnel decisions of that type regarding a
6-16 board employee assigned to perform any functions described by
6-17 Subsection (b).
6-18 (d) The board may not use its employees to perform a
6-19 function described by Subsection (b) and may not contract with
6-20 another entity to perform the function unless authorized to do so
6-21 by the commission.
6-22 (e) The commission may authorize the board to perform a
6-23 function described by Subsection (b) only if the board employees
6-24 are necessary to assist the commission in the performance of its
6-25 functions under Subsection (b) or if the commission finds in
6-26 writing that a significant financial savings to the state will be
6-27 achieved by the board's performance of the function. The finding
7-1 must be supported by evidence clearly showing the savings. The
7-2 commission shall monitor the board's performance of the function
7-3 and shall withdraw the board's authority to perform the function if
7-4 the significant savings do not occur.
7-5 (f) At the appropriate time in each state fiscal biennium,
7-6 the board shall prepare its recommended budget covering the board's
7-7 functions and shall submit that recommendation to the Legislative
7-8 Budget Board and the appropriate committees of the legislature.
7-9 (g) The commission annually shall review the budgeted
7-10 expenditure of and the fees collected by the board. The commission
7-11 and the board shall establish by contract the amounts of revenue
7-12 that must be collected by the board to recover:
7-13 (1) all the budgeted costs of the board;
7-14 (2) the board's pro rata share of the commission's
7-15 costs in performing functions for the board under this section; and
7-16 (3) all indirect costs incurred by the state in the
7-17 administration of the law under the board's jurisdiction, as those
7-18 costs are identified by a statewide cost accounting plan prepared
7-19 by the governor or, if the governor does not prepare such a plan,
7-20 as those costs are identified by the commission.
7-21 (h) The board shall set its fees in amounts that will
7-22 produce the amount of the revenue determined under Subsection (b).
7-23 The commission must certify to the comptroller of public accounts
7-24 that the board's fee schedule will adequately produce the revenues
7-25 before the board may expend any funds appropriated to the board.
7-26 (i) This section does not authorize the board to set a fee
7-27 in an amount that is not otherwise permitted by law. If the fee
8-1 schedule permitted by law is inadequate to produce adequate
8-2 revenue, the commission shall report that fact to the Legislative
8-3 Budget Board and the presiding officer of each house of the
8-4 legislature and shall request that legislation be prepared to
8-5 authorize the necessary revenue.
8-6 SECTION 9. (a) This Act takes effect September 1, 1993.
8-7 (b) The Commission on Law Enforcement Officer Standards and
8-8 Education shall begin performing the duties prescribed by Section
8-9 415.016, Government Code, as added by this Act, on a date after the
8-10 effective date of this Act determined by order of the commission.
8-11 Before that date, the Polygraph Examiners Board shall continue to
8-12 perform the functions transferred by that section. The Commission
8-13 on Law Enforcement Officer Standards and Education shall assume the
8-14 transferred functions not later than September 1, 1994.
8-15 SECTION 10. The importance of this legislation and the
8-16 crowded condition of the calendars in both houses create an
8-17 emergency and an imperative public necessity that the
8-18 constitutional rule requiring bills to be read on three several
8-19 days in each house be suspended, and this rule is hereby suspended.