By Price                                              H.B. No. 2044
       74R4550 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of certain instrumentation in the performance
    1-3  of a polygraph examination.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4, Polygraph Examiners Act (Article
    1-6  4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
    1-7  follows:
    1-8        Sec. 4.  <MINIMUM> INSTRUMENTATION <REQUIRED>.  (a)  Any
    1-9  instrument used to test or question individuals for the purpose of
   1-10  detecting deception or verifying truth of statements shall record
   1-11  visually and<,> permanently the results and information used to
   1-12  make the determination<, and simultaneously:  (1) a subject's
   1-13  cardiovascular pattern and (2) a subject's respiratory pattern>.
   1-14  Patterns of <other> physiological changes shall <in addition to (1)
   1-15  and (2) may> also be recorded.  The use of any instrument or device
   1-16  to detect deception or to verify truth of statements which does not
   1-17  meet these minimum instrumentation requirements is hereby
   1-18  prohibited and the operation or use of such equipment shall be
   1-19  subject to penalties and may be enjoined in the manner hereinafter
   1-20  provided.
   1-21        (b)  A person licensed under this Act may use an instrument
   1-22  that records a subject's cardiovascular or respiratory pattern or
   1-23  that measures the voice stress level of the subject.  In addition
   1-24  to instruments authorized under this section, the board by rule may
    2-1  recognize other truth-detecting systems that may be used by a
    2-2  license holder.
    2-3        SECTION 2.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.