1-1 By: Patterson S.B. No. 711
1-2 (In the Senate - Filed March 9, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 11, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 11, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 711 By: Sims
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to prohibiting employment discrimination against certain
1-20 peace officers and fire fighters for refusing to take a polygraph
1-21 examination.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. (a) A fire fighter or peace officer may not be
1-24 required to submit to a polygraph examination as part of an
1-25 internal investigation regarding the conduct of the fire fighter or
1-26 peace officer unless:
1-27 (1) the complainant submits to a polygraph examination
1-28 and no deception is indicated regarding matters critical to the
1-29 subject matter under investigation or the results of the
1-30 examination are inconclusive; or
1-31 (2) the fire fighter or peace officer is ordered to
1-32 take an examination under Subsection (d) or (e) of this section.
1-33 (b) Subdivision (1) of Subsection (a) of this section does
1-34 not apply if the complainant is mentally incapable of being
1-35 polygraphed.
1-36 (c) The results of a polygraph examination that relate to
1-37 the complaint or issue under investigation are admissible in a
1-38 proceeding before a regulatory authority hearing the complaint
1-39 only:
1-40 (1) to corroborate other statements or evidence; or
1-41 (2) with the consent of the officer subject to the
1-42 process.
1-43 (d) A department head may order a fire fighter or peace
1-44 officer to submit to a polygraph examination if the department head
1-45 considers the circumstances to be extraordinary, the department
1-46 head believes that the integrity of the fire fighter or peace
1-47 officer is in question, and the department head submits to the fire
1-48 fighter or peace officer being investigated a written explanation
1-49 of the nature of the extraordinary circumstances.
1-50 (e) A fire fighter or peace officer may be required to
1-51 submit to a polygraph examination if the complaint is confined to
1-52 internal operations, the complainant is an employee of the
1-53 department, and there is prima facie evidence that the complaint is
1-54 valid.
1-55 SECTION 2. This Act does not apply to a peace officer:
1-56 (1) to whom Section 411.007, Government Code, and its
1-57 subsequent amendments apply; or
1-58 (2) who has been ordered to take a polygraph
1-59 examination under Section 143.124, Local Government Code, and its
1-60 subsequent amendments.
1-61 SECTION 3. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
1-65 days in each house be suspended, and this rule is hereby suspended,
1-66 and that this Act take effect and be in force from and after its
1-67 passage, and it is so enacted.
1-68 * * * * *
2-1 Austin,
2-2 Texas
2-3 May 11, 1993
2-4 Hon. Bob Bullock
2-5 President of the Senate
2-6 Sir:
2-7 We, your Committee on Criminal Justice to which was referred S.B.
2-8 No. 711, have had the same under consideration, and I am instructed
2-9 to report it back to the Senate with the recommendation that it do
2-10 not pass, but that the Committee Substitute adopted in lieu thereof
2-11 do pass and be printed.
2-12 Whitmire,
2-13 Chairman
2-14 * * * * *
2-15 WITNESSES
2-16 FOR AGAINST ON
2-17 ___________________________________________________________________
2-18 Name: Mark Clark x
2-19 Representing: CLEAT
2-20 City: Austin
2-21 -------------------------------------------------------------------
2-22 Name: Stephen E. Vitasun x
2-23 Representing: Plano Police Assoc.
2-24 City: Plano
2-25 -------------------------------------------------------------------
2-26 Name: Jim Lyde x
2-27 Representing: Texas Municipal Police Assoc
2-28 City: Austin
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