By Talton                                       H.B. No. 1366

      75R4885 GJH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prohibiting employment discrimination against certain

 1-3     peace officers for refusing to take a polygraph examination.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 614, Government Code, is amended by

 1-6     adding Subchapter E to read as follows:

 1-7                    SUBCHAPTER E.  POLYGRAPH EXAMINATIONS

 1-8           Sec. 614.061.  DEFINITION.  In this subchapter, "peace

 1-9     officer" means a person who:

1-10                 (1)  is elected, appointed, or employed by a

1-11     governmental entity; and

1-12                 (2)  is a peace officer under Article 2.12, Code of

1-13     Criminal Procedure, or other law.

1-14           Sec. 614.062.  APPLICABILITY OF SUBCHAPTER.  This subchapter

1-15     does not apply to a peace officer:

1-16                 (1)  to whom Section 411.007 applies; or

1-17                 (2)  who is required to take a polygraph examination

1-18     under Section 143.124, 143.313, or 157.905, Local Government Code.

1-19           Sec. 614.063.  POLYGRAPH EXAMINATION.  A peace officer may

1-20     not be suspended, discharged, or subjected to any other form of

1-21     employment discrimination by the peace officer's employer because

1-22     the officer refuses to take a polygraph examination.

1-23           SECTION 2.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.