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.