By: Patterson S.B. No. 527
A BILL TO BE ENTITLED
AN ACT
1-1 relating to prohibiting employment discrimination against certain
1-2 peace officers for refusing to take a polygraph examination.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 614, Government Code, is amended by
1-5 adding Subchapter E to read as follows:
1-6 SUBCHAPTER E. POLYGRAPH EXAMINATIONS
1-7 Sec. 614.061. DEFINITION. In this subchapter, "peace
1-8 officer" means a person who:
1-9 (1) is elected, appointed, or employed by a
1-10 governmental entity; and
1-11 (2) is a peace officer under Article 2.12, Code of
1-12 Criminal Procedure, or other law.
1-13 Sec. 614.062. APPLICABILITY OF SUBCHAPTER. This subchapter
1-14 does not apply to a peace officer to whom Section 411.007 applies.
1-15 Sec. 614.063. POLYGRAPH EXAMINATION. A peace officer may
1-16 not be suspended, discharged, or subjected to any other form of
1-17 employment discrimination by the peace officer's employer because
1-18 the officer refuses to take a polygraph examination.
1-19 SECTION 2. Subsections (a), (c), (d), and (f), Section
1-20 143.124, Local Government Code, are amended to read as follows:
1-21 (a) A fire fighter [or police officer] employed by the
1-22 municipality may not be required to submit to a polygraph
1-23 examination as part of an internal investigation regarding the
2-1 conduct of the fire fighter [or police officer] unless:
2-2 (1) the complainant submits to and passes a polygraph
2-3 examination and, if applicable, the fire department has complied
2-4 with Subsection (c); or
2-5 (2) the fire fighter [or police officer] is ordered to
2-6 take an examination under Subsection (f).
2-7 (c) The fire department shall, on the written request of a
2-8 fire fighter [or police officer], provide to the fire fighter [or
2-9 police officer] the complainant's polygraph examination results
2-10 within 48 hours after the request.
2-11 (d) For the purposes of this section, a fire fighter
2-12 [person] passes a polygraph examination if, in the opinion of the
2-13 polygraph examiner, no deception is indicated regarding matters
2-14 critical to the subject matter under investigation.
2-15 (f) The fire department head may order a fire fighter [or
2-16 police officer] to submit to a polygraph examination if the fire
2-17 department head considers the circumstances to be extraordinary
2-18 and the fire department head believes that the integrity of a fire
2-19 fighter [or police officer] or the fire department is in question.
2-20 SECTION 3. Subsections (b), (d), and (f), Section 143.313,
2-21 Local Government Code, are amended to read as follows:
2-22 (b) A fire fighter [or police officer] employed by the
2-23 municipality may not be required to submit to a polygraph
2-24 examination as part of an internal investigation regarding the
2-25 conduct of the fire fighter [or police officer] unless:
3-1 (1) the complainant submits to and passes a polygraph
3-2 examination; or
3-3 (2) the fire fighter [or police officer] is ordered to
3-4 take an examination under Subsection (f).
3-5 (d) For the purposes of this section, a fire fighter
3-6 [person] passes a polygraph examination if, in the opinion of the
3-7 polygraph examiner, no deception is indicated in the examination
3-8 regarding matters critical to the subject matter under
3-9 investigation.
3-10 (f) The head of the fire [employing] department may order a
3-11 fire fighter [or police officer] to submit to a polygraph
3-12 examination if the fire department head:
3-13 (1) considers the circumstances to be extraordinary;
3-14 or
3-15 (2) believes that the integrity of a fire fighter[, a
3-16 police officer,] or the fire department is in question.
3-17 SECTION 4. Section 157.905, Local Government Code, is
3-18 repealed.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.