By: Whitmire S.B. No. 782
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of polygraph examiners.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 19, Polygraph Examiners Act (Article
1-4 4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
1-5 follows:
1-6 Sec. 19. Refusal, Probation, Reprimand, Suspension,
1-7 Revocation--Grounds. The board shall refuse to issue a license,
1-8 shall revoke or suspend a license, shall reprimand a licensee, or
1-9 may probate a license suspension on any one or more of the
1-10 following grounds:
1-11 (1) for failing to inform a subject to be examined as
1-12 to the nature of the examination;
1-13 (2) for failing to inform a subject to be examined
1-14 that his participation in the examination is voluntary;
1-15 (3) for knowingly administering an involuntary
1-16 polygraph examination;
1-17 (4) 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 (5) <(4)> wilful disregard or violation of this Act or
1-21 of any regulation or rule issued pursuant thereto, including, but
1-22 not limited to, wilfully making a false report concerning an
1-23 examination for polygraph examination purposes;
1-24 (6) <(5)> if the holder of any license has been
2-1 adjudged guilty of the commission of a felony or a misdemeanor
2-2 involving moral turpitude;
2-3 (7) <(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 (8) <(7)> having demonstrated unworthiness or
2-8 incompetency to act as a polygraph examiner as defined by this Act;
2-9 (9) <(8)> allowing one's license under this Act to be
2-10 used by any unlicensed person in violation of the provisions of
2-11 this Act;
2-12 (10) <(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 (11) <(10)> where the license holder has been adjudged
2-16 as a habitual drunkard or mentally incompetent as provided in the
2-17 Probate Code;
2-18 (12) <(11)> failing, within a reasonable time, to
2-19 provide information requested by the secretary as the result of a
2-20 formal complaint to the board which would indicate a violation of
2-21 this Act;
2-22 (13) <(12)> failing to inform the subject of the
2-23 results of the examination if so requested;
2-24 (14) <(13)> violating Subsection (a) of Section 19A of
2-25 this Act relating to the confidentiality of information acquired
2-26 from an examination; or
2-27 (15) <(14)> violating Section 51.151, Family Code,
3-1 relating 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.