SGN H.B. 1422 75(R)BILL ANALYSIS


CORRECTIONS
H.B. 1422
By: Hightower
3-5-97
Committee Report (Amended)

BACKGROUND 

Currently, polygraph examinations are not admissible in a court of law in
this state, yet they may be used to terminate some employees.  Polygraphs
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.   The legislature has prohibited the use of polygraphs in
investigations of peace officers employed by the Department of Public
Safety and severely limited the use of polygraphs in certain police and
sheriff's departments.  

PURPOSE

This bill would prohibit TDCJ 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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 493, Government Code, by adding Section 493.022
which provides that a correctional officer employed by the Texas
Department of Criminal Justice and who has had a written complaint made by
or filed with the department, cannot be suspended, discharged, or
subjected to any form of employment discrimination by the department
because the employee refuses to take a polygraph examination.     
  
SECTION 2.   Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment number one provides that the new section apply to all
employees of the TDCJ instead of just correctional officers.