By:  De La Garza                                      H.B. No. 1709
       73R5832 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of polygraph examiners.
    1-4        SECTION 1.  Section 19, Polygraph Examiners Act (Article
    1-5  4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
    1-6  follows:
    1-7        Sec. 19.  Refusal, Probation, Reprimand, Suspension,
    1-8  Revocation--Grounds.  The board shall refuse to issue a license,
    1-9  shall revoke or suspend a license, shall reprimand a licensee, or
   1-10  may probate a license suspension on any one or more of the
   1-11  following grounds:
   1-12              (1)  for failing to inform a subject to be examined as
   1-13  to the nature of the examination;
   1-14              (2)  for administering an involuntary polygraph
   1-15  <failing to inform a subject to be examined that his participation
   1-16  in the> examination <is voluntary>;
   1-17              (3)  material misstatement in the application for
   1-18  original license or in the application for any renewal license
   1-19  under this Act;
   1-20              (4)  wilful disregard or violation of this Act or of
   1-21  any regulation or rule issued pursuant thereto, including, but not
   1-22  limited to, wilfully making a false report concerning an
   1-23  examination for polygraph examination purposes;
   1-24              (5)  if the holder of any license has been adjudged
    2-1  guilty of the commission of a felony or a misdemeanor involving
    2-2  moral turpitude;
    2-3              (6)  making any wilful misrepresentation or false
    2-4  promises or causing to be printed any false or misleading
    2-5  advertisement for the purpose of directly or indirectly obtaining
    2-6  business or trainees;
    2-7              (7)  having demonstrated unworthiness or incompetency
    2-8  to act as a polygraph examiner as defined by this Act;
    2-9              (8)  allowing one's license under this Act to be used
   2-10  by any unlicensed person in violation of the provisions of this
   2-11  Act;
   2-12              (9)  wilfully aiding or abetting another in the
   2-13  violation of this Act or any regulation or rule issued pursuant
   2-14  thereto;
   2-15              (10)  where the license holder has been adjudged as a
   2-16  habitual drunkard or mentally incompetent as provided in the
   2-17  Probate Code;
   2-18              (11)  failing, within a reasonable time, to provide
   2-19  information requested by the secretary as the result of a formal
   2-20  complaint to the board which would indicate a violation of this
   2-21  Act;
   2-22              (12)  failing to inform the subject of the results of
   2-23  the examination if so requested;
   2-24              (13)  violating Subsection (a) of Section 19A of this
   2-25  Act relating to the confidentiality of information acquired from an
   2-26  examination; or
   2-27              (14)  violating Section 51.151, Family Code, relating
    3-1  to the examination of a child taken into custody.
    3-2        SECTION 2.  This Act takes effect September 1, 1993, and
    3-3  applies only to a polygraph examination conducted on or after that
    3-4  date.  A polygraph examination conducted before the effective date
    3-5  is governed by the law in effect on the date the examination was
    3-6  conducted, and the former law is continued in effect for that
    3-7  purpose.
    3-8        SECTION 3.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.