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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.