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.