SRC-TNM C.S.S.B. 527 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 527
By: Patterson
Intergovernmental Relations
2-27-97
Committee Report (Substituted)


DIGEST 

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, C.S.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, as
follows: 

   SUBCHAPTER E. POLYGRAPH EXAMINATIONS

Sec. 614.061.  DEFINITION. Defines "peace officer."

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

Sec. 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. Repealer: Sections 143.124, 143.313, and 157.905, Local
Government Code, (Polygraph Examinations, and Polygraph Examination of
Deputy Sheriff in Certain Sheriff's Departments).  

SECTION 3. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 614.062, Government Code, regarding the
applicability of  subchapter E to a peace officer. 

Amends SECTION 2, Government Code, to repeal Sections 143.124, 143.313,
and 157.905, regarding polygraph examinations.