1-1  By:  Whitmire                                          S.B. No. 782
    1-2        (In the Senate - Filed March 10, 1993; March 11, 1993, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 7, 1993, reported favorably by the following vote:  Yeas 11,
    1-5  Nays 0; April 7, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson                                        x    
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna                                          x    
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire           x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of polygraph examiners.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 19, Polygraph Examiners Act (Article
   1-26  4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
   1-27  follows:
   1-28        Sec. 19.  Refusal, Probation, Reprimand, Suspension,
   1-29  Revocation--Grounds.  The board shall refuse to issue a license,
   1-30  shall revoke or suspend a license, shall reprimand a licensee, or
   1-31  may probate a license suspension on any one or more of the
   1-32  following grounds:
   1-33              (1)  for failing to inform a subject to be examined as
   1-34  to the nature of the examination;
   1-35              (2)  for administering an involuntary polygraph
   1-36  <failing to inform a subject to be examined that his participation
   1-37  in the> examination <is voluntary>;
   1-38              (3)  material misstatement in the application for
   1-39  original license or in the application for any renewal license
   1-40  under this Act;
   1-41              (4)  wilful disregard or violation of this Act or of
   1-42  any regulation or rule issued pursuant thereto, including, but not
   1-43  limited to, wilfully making a false report concerning an
   1-44  examination for polygraph examination purposes;
   1-45              (5)  if the holder of any license has been adjudged
   1-46  guilty of the commission of a felony or a misdemeanor involving
   1-47  moral turpitude;
   1-48              (6)  making any wilful misrepresentation or false
   1-49  promises or causing to be printed any false or misleading
   1-50  advertisement for the purpose of directly or indirectly obtaining
   1-51  business or trainees;
   1-52              (7)  having demonstrated unworthiness or incompetency
   1-53  to act as a polygraph examiner as defined by this Act;
   1-54              (8)  allowing one's license under this Act to be used
   1-55  by any unlicensed person in violation of the provisions of this
   1-56  Act;
   1-57              (9)  wilfully aiding or abetting another in the
   1-58  violation of this Act or any regulation or rule issued pursuant
   1-59  thereto;
   1-60              (10)  where the license holder has been adjudged as a
   1-61  habitual drunkard or mentally incompetent as provided in the
   1-62  Probate Code;
   1-63              (11)  failing, within a reasonable time, to provide
   1-64  information requested by the secretary as the result of a formal
   1-65  complaint to the board which would indicate a violation of this
   1-66  Act;
   1-67              (12)  failing to inform the subject of the results of
   1-68  the examination if so requested;
    2-1              (13)  violating Subsection (a) of Section 19A of this
    2-2  Act relating to the confidentiality of information acquired from an
    2-3  examination; or
    2-4              (14)  violating Section 51.151, Family Code, relating
    2-5  to the examination of a child taken into custody.
    2-6        SECTION 2.  This Act takes effect September 1, 1993, and
    2-7  applies only to a polygraph examination conducted on or after that
    2-8  date.  A polygraph examination conducted before the effective date
    2-9  is governed by the law in effect on the date the examination was
   2-10  conducted, and the former law is continued in effect for that
   2-11  purpose.
   2-12        SECTION 3.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.
   2-17                               * * * * *
   2-18                                                         Austin,
   2-19  Texas
   2-20                                                         April 7, 1993
   2-21  Hon. Bob Bullock
   2-22  President of the Senate
   2-23  Sir:
   2-24  We, your Committee on State Affairs to which was referred S.B.
   2-25  No. 782, have had the same under consideration, and I am instructed
   2-26  to report it back to the Senate with the recommendation that it do
   2-27  pass and be printed.
   2-28                                                         Harris of
   2-29  Dallas, Chairman
   2-30                               * * * * *
   2-31                               WITNESSES
   2-32                                                  FOR   AGAINST  ON
   2-33  ___________________________________________________________________
   2-34  Name:  Lynwood Moreau                            x
   2-35  Representing:  Harris Co Dep Union
   2-36  City:  Houston
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   2-38  Name:  Paula Littles                             x
   2-39  Representing:  Tx. AFL-CIO
   2-40  City:  Austin
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   2-42  Name:  Arlan Foster                              x
   2-43  Representing:  Tx. Conf of Police Sheriffs
   2-44  City:  Houston
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