BILL ANALYSIS



H.B. 84
By: Munoz
04-21-95
Committee Report (Unamended)


BACKGROUND

Currently, Fire Fighters, officers of the public sector in a
municipality with a population of 1.5 million (Houston) are not
required to take polygraph examinations.  This type of legislation
includes the Texas Department of Safety as well.

PURPOSE

As proposed, H.B. 84 prohibits employment discrimination against
peace officers statewide from being required to take a polygraph
examination.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

Section 1 amends Chapter 614, Govt. Code by adding Subchapter E.

Sect. 614,061  defines "peace officer" who is elected, appointed,
or employed by a governmental entity and includes peace officers
under Art. 2.12, of the Code of Criminal Procedure.

Sect. 614.062 indicates that this Subchapter does not apply to
officers or employees of the Texas Department of Public Safety or
fire fighters and police officer employed by the municipality as
indicated under Section 143.124, Local Govt. Code.

Sect. 614.063 indicates that a peace officer my not be suspended,
discharged, or subjected to any other form of employment
discrimination by the peace officer's employer because the officer
refuses to take a polygraph examination.

Section 2 Emergency Clause.
     

SUMMARY OF COMMITTEE ACTION

H.B. 84 was considered by the committee in a public hearing on
April 4, 1995.
The following persons testified for the bill:
     Mario Martizez, representing Texas State Troopers Association.
     B.J. Browning, representing Irving Police Patrolman's Union.
     Lynwood Moreau, representing Harris County Deputy Sheriff's
Union.
     Anacleto Botello, representing South Texas Organization of
Police.
     Ronald DeLord, representing Combined Law Enforcement
Associations of Texas.
     Jack Means, representing Texas Conference of Police &
Sheriffs.
The following person testified against the bill:
     Ernie Hulsey, representing Texas Association of Polygraph
Examiners.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 2 nays, 0 pnv, 0 absent.