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.