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
2-37 -------------------------------------------------------------------
2-38 Name: Paula Littles x
2-39 Representing: Tx. AFL-CIO
2-40 City: Austin
2-41 -------------------------------------------------------------------
2-42 Name: Arlan Foster x
2-43 Representing: Tx. Conf of Police Sheriffs
2-44 City: Houston
2-45 -------------------------------------------------------------------