SRC-JFA H.B. 1422 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1422
By: Hightower (Whitmire)
Criminal Justice
4-25-97
Engrossed


DIGEST 

Currently, polygraph examinations may be used by the Texas Department of
Criminal Justice (department) to terminate employees.  Polygraph
examinations may be misused in some internal investigations and  may be
used to intimidate and abuse employees.  Some people feel polygraphs are
unreliable and should be discontinued from use in employee misconduct
cases.  This bill would prohibit the department from suspending,
discharging, or subjecting an employee to employment discrimination based
on the employee's refusal to submit to a polygraph examination during the
investigation of a complaint of misconduct.   

PURPOSE

As proposed, H.B. 1422 prohibits the Texas Department of Criminal Justice
from suspending, discharging, or subjecting an employee to employment
discrimination based on the employee's refusal to submit to a polygraph
examination during the investigation of a complaint of misconduct.  
RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 493, Government Code, by adding Section 493.022,
as follows: 

Sec. 493.022.  POLYGRAPH EXAMINATION.  Prohibits an employee of the Texas
Department of Criminal Justice (department) who is the subject of a
written complaint made by or filed with  the department from being
suspended, discharged, or subjected to any other form of employment
discrimination by the department because the employee refuses to take a
polygraph examination.  

SECTION 2. Emergency clause.
  Effective date: upon passage.