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.