By Yarbrough                                           H.B. No. 893
       74R2643 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to polygraph tests administered to employees of a
    1-3  sheriff's department in certain counties.
    1-5        SECTION 1.  Section 157.905, Local Government Code, is
    1-6  amended to read as follows:
    1-9  applies only to an employee of <a person appointed as a deputy
   1-10  sheriff in> a sheriff's department in a county with a population of
   1-11  2.8 million or more.
   1-12        (b)  Except as provided by Subsection (c), an employee
   1-13  <herein, a deputy sheriff> may not be suspended, discharged, or
   1-14  subjected to any other form of employment discrimination or adverse
   1-15  employment action because the employee <deputy sheriff> refuses to
   1-16  take a polygraph examination or participate in an interview or
   1-17  other proceeding that is preparatory to taking a polygraph
   1-18  examination.
   1-19        (c)  An employee <Discipline may be given to a deputy
   1-20  sheriff> who refuses to take a polygraph examination or participate
   1-21  in an interview or other proceeding that is preparatory to taking a
   1-22  polygraph examination may be disciplined if:
   1-23              (1)  the employee  <such deputy sheriff> is the subject
   1-24  of a complaint; and
    2-1              (2)  the complainant <against such deputy sheriff> has,
    2-2  in the course of the department's investigation of the complaint,
    2-3  previously taken and successfully passed a polygraph examination.
    2-4        (d)  A polygraph examiner may not conduct a polygraph
    2-5  examination under this section if the examiner knows or has reason
    2-6  to know that:
    2-7              (1)  the employee to be examined has been ordered by an
    2-8  investigator or supervisor or by the polygraph examiner to take the
    2-9  polygraph examination and, if not for that fact, the employee would
   2-10  refuse the polygraph examination; and
   2-11              (2)  either the employee to be examined is not the
   2-12  subject of a complaint or the complainant has not taken and passed
   2-13  a polygraph examination.
   2-14        (e)  A person passes a polygraph examination if the examiner
   2-15  determines that no deception is indicated by the examination.
   2-16        (f)  The results of a polygraph examination may not be used
   2-17  in any proceeding to discipline or discharge an employee if the
   2-18  examination was not conducted in accordance with this section.
   2-19        (g)  The Polygraph Examiners Board shall revoke the license
   2-20  of an examiner who fails to comply with Subsection (d).
   2-21        SECTION 2.  Section 19, Polygraph Examiners Act (Article
   2-22  4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
   2-23  follows:
   2-25  REVOCATION--GROUNDS.  The board shall refuse to issue a license,
   2-26  shall revoke or suspend a license, shall reprimand a licensee, or
   2-27  may probate a license suspension on any one or more of the
    3-1  following grounds:
    3-2              (1)  for failing to inform a subject to be examined as
    3-3  to the nature of the examination;
    3-4              (2)  for failing to inform a subject to be examined
    3-5  that his participation in the examination is voluntary;
    3-6              (3)  material misstatement in the application for
    3-7  original license or in the application for any renewal license
    3-8  under this Act;
    3-9              (4)  wilful disregard or violation of this Act or of
   3-10  any regulation or rule issued pursuant thereto, including, but not
   3-11  limited to, wilfully making a false report concerning an
   3-12  examination for polygraph examination purposes;
   3-13              (5)  if the holder of any license has been adjudged
   3-14  guilty of the commission of a felony or a misdemeanor involving
   3-15  moral turpitude;
   3-16              (6)  making any wilful misrepresentation or false
   3-17  promises or causing to be printed any false or misleading
   3-18  advertisement for the purpose of directly or indirectly obtaining
   3-19  business or trainees;
   3-20              (7)  having demonstrated unworthiness or incompetency
   3-21  to act as a polygraph examiner as defined by this Act;
   3-22              (8)  allowing one's license under this Act to be used
   3-23  by any unlicensed person in violation of the provisions of this
   3-24  Act;
   3-25              (9)  wilfully aiding or abetting another in the
   3-26  violation of this Act or any regulation or rule issued pursuant
   3-27  thereto;
    4-1              (10)  where the license holder has been adjudged as a
    4-2  habitual drunkard or mentally incompetent as provided in the
    4-3  Probate Code;
    4-4              (11)  failing, within a reasonable time, to provide
    4-5  information requested by the secretary as the result of a formal
    4-6  complaint to the board which would indicate  a violation of this
    4-7  Act;
    4-8              (12)  failing to inform the subject of the results of
    4-9  the examination if so requested;
   4-10              (13)  violating Subsection (a) of Section 19A of this
   4-11  Act relating to the confidentiality of information acquired from an
   4-12  examination;  <or>
   4-13              (14)  violating Section 51.151, Family Code, relating
   4-14  to the examination of a child taken into custody; or
   4-15              (15)  violating Section 157.905(d), Local Government
   4-16  Code, relating to the examination of an employee of a sheriff's
   4-17  department.
   4-18        SECTION 3.  This Act takes effect September 1, 1995, and
   4-19  applies to a polygraph examination conducted on or after that date.
   4-20  A polygraph examination conducted before the effective date of this
   4-21  Act is governed by the law in effect on the date the examination
   4-22  was conducted, and the former law is continued in effect for that
   4-23  purpose.
   4-24        SECTION 4.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended.