By Oakley H.B. No. 1119
74R1549 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the circumstances under which certain peace officers
1-3 and fire fighters may be required to take a polygraph examination.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 614, Government Code, is amended by
1-6 adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. POLYGRAPH EXAMINATIONS
1-8 Sec. 614.061. DEFINITIONS. In this subchapter:
1-9 (1) "Employing department" means the fire department
1-10 employing a fire fighter or the law enforcement entity employing a
1-11 peace officer.
1-12 (2) "Fire fighter" means a member of a fire department
1-13 who:
1-14 (A) is employed by a governmental entity; and
1-15 (B) performs a function listed in Section
1-16 143.003(4), Local Government Code, without regard to whether the
1-17 individual is subject to a civil service system or program.
1-18 (3) "Peace officer" means an individual who:
1-19 (A) is appointed or employed by a governmental
1-20 entity; and
1-21 (B) is a peace officer under Article 2.12, Code
1-22 of Criminal Procedure, or other law.
1-23 Sec. 614.062. APPLICABILITY. This subchapter does not apply
1-24 to:
2-1 (1) a peace officer to whom Section 411.007 applies;
2-2 or
2-3 (2) a fire fighter or peace officer who has been
2-4 ordered to take a polygraph examination under Section 143.124,
2-5 Local Government Code.
2-6 Sec. 614.063. POLYGRAPH EXAMINATION. (a) A fire fighter or
2-7 peace officer may not be required to submit to a polygraph
2-8 examination as a part of an internal investigation regarding the
2-9 conduct of the fire fighter or peace officer unless:
2-10 (1) the complainant submits to a polygraph examination
2-11 and the:
2-12 (A) examination indicates no deception regarding
2-13 matters critical to the investigation; or
2-14 (B) results of the examination are inconclusive;
2-15 (2) the complainant is mentally incapable of being
2-16 polygraphed; or
2-17 (3) the fire fighter or peace officer is ordered to
2-18 submit to an examination under Subsection (c) or (d).
2-19 (b) The results of the fire fighter's or peace officer's
2-20 polygraph examination are admissible only in an administrative
2-21 proceeding conducted by a civil service commission or hearings
2-22 examiner under civil service laws or as a part of the employing
2-23 department's internal procedures. The results are admissible only:
2-24 (1) to corroborate other statements or evidence; or
2-25 (2) with the consent of the fire fighter or peace
2-26 officer who is the subject of the polygraph examination.
2-27 (c) The head of the employing department may order a fire
3-1 fighter or peace officer to submit to a polygraph examination if
3-2 the department head:
3-3 (1) considers the circumstances to be extraordinary;
3-4 (2) believes that the integrity of the fire fighter or
3-5 peace officer is in question; and
3-6 (3) submits to the fire fighter or peace officer a
3-7 written explanation of the nature of the extraordinary
3-8 circumstances.
3-9 (d) The head of the employing department may require a fire
3-10 fighter or peace officer to submit to a polygraph examination if:
3-11 (1) the complaint is confined to internal operations;
3-12 (2) the complainant is an employee of the employing
3-13 department; and
3-14 (3) prima facie evidence exists that indicates the
3-15 complaint is valid.
3-16 SECTION 2. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.