JWW S.B. 527 75(R)BILL ANALYSIS


PUBLIC SAFETY
S.B. 527
By: Patterson, Jerry (Talton)
4-16-97
Committee Report (Unamended)


BACKGROUND 

Currently, a peace officer is subject to being discharged from the
officer's place of employment for refusing to take a polygraph
examination.  The goal of S.B. 527 is to extend the same privileges to
police officers that the general public enjoys by prohibiting an officer
from being discharged by the officer's employer for refusing to take a
polygraph examination. 

PURPOSE

As proposed, S.B. 527 outlines provisions prohibiting employment
discrimination against certain peace officers for refusing to take a
polygraph examination. 

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 614, Government Code, by adding Subchapter E,
"POLYGRAPH   EXAMINATIONS", as follows: 

  Section 614.061.  DEFINITION. Defines "peace officer."

 Section 614.062.  APPLICABILITY OF SUBCHAPTER.  Provides that this
subchapter does not apply to a peace officer to whom Section 411.007,
Government  Code, applies. 

 Section 614.063. POLYGRAPH EXAMINATION. Prohibits a peace officer from
being suspended, discharged, or subjected to any other form of employment
discrimination by the peace officer's employer because the officer refuses
to take a  polygraph examination.  

SECTION 2 Section 143.124, Local Government Code, removes all references
to police officers   in this section by removing "or police officers"
where it appears.  The word "person"   is replaced with "firefighter."  In
addition, "fire" is added before any reference to   "department."   

SECTION 3 Section 143.313, Local Government Code, removes all references
to police officers   in this section by removing "or police officers"
where it appears.    The word "person"   is replaced with "firefighter."
In addition, "fire" replaces "employing" before   "department."  

SECTION 4 Repeals Section 157.905, Local Government Code.

SECTION 5 Emergency Clause.  Effective upon passage.