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) A peace officer
1-16 may not be suspended, discharged, or subjected to any other form of
1-17 employment discrimination by the organization employing or
1-18 appointing the peace officer because the peace officer refuses to
1-19 submit to a polygraph examination as part of an internal
1-20 investigation regarding the conduct of the peace officer unless:
1-21 (1) the complainant submits to and passes a polygraph
1-22 examination; or
1-23 (2) the peace officer is ordered to take an
2-1 examination under Subsection (d) or (e).
2-2 (b) Subsection (a)(1) does not apply if the complainant is
2-3 physically or mentally incapable of being polygraphed.
2-4 (c) For the purposes of this section, a person passes a
2-5 polygraph examination if, in the opinion of the polygraph examiner,
2-6 no deception is indicated regarding matters critical to the matter
2-7 under investigation.
2-8 (d) The head of the law enforcement organization that
2-9 employs or appoints a peace officer may require the peace officer
2-10 to submit to a polygraph examination under this subsection if:
2-11 (1) the subject matter of the complaint is confined to
2-12 the internal operations of the organization employing or appointing
2-13 the peace officer;
2-14 (2) the complainant is an employee or appointee of the
2-15 organization employing or appointing the peace officer; and
2-16 (3) the complaint does not appear to be invalid based
2-17 on the information available when the polygraph is ordered.
2-18 (e) The head of the law enforcement organization that
2-19 employs or appoints a peace officer may require the peace officer
2-20 to submit to a polygraph examination under this subsection if the
2-21 head of the law enforcement organization considers the
2-22 circumstances to be extraordinary and the head of the law
2-23 enforcement organization believes that the integrity of a peace
2-24 officer or the law enforcement organization is in question. The
2-25 head of the law enforcement organization shall provide the peace
3-1 officer with a written explanation of the nature of the
3-2 extraordinary circumstances and how the integrity of a peace
3-3 officer or the law enforcement organization is in question.
3-4 SECTION 2. Subsections (a), (c), (d), and (f), Section
3-5 143.124, Local Government Code, are amended to read as follows:
3-6 (a) A fire fighter [or police officer] employed by the
3-7 municipality may not be required to submit to a polygraph
3-8 examination as part of an internal investigation regarding the
3-9 conduct of the fire fighter [or police officer] unless:
3-10 (1) the complainant submits to and passes a polygraph
3-11 examination and, if applicable, the fire department has complied
3-12 with Subsection (c); or
3-13 (2) the fire fighter [or police officer] is ordered to
3-14 take an examination under Subsection (f).
3-15 (c) The fire department shall, on the written request of a
3-16 fire fighter [or police officer], provide to the fire fighter [or
3-17 police officer] the complainant's polygraph examination results
3-18 within 48 hours after the request.
3-19 (d) For the purposes of this section, a fire fighter
3-20 [person] passes a polygraph examination if, in the opinion of the
3-21 polygraph examiner, no deception is indicated regarding matters
3-22 critical to the subject matter under investigation.
3-23 (f) The fire department head may order a fire fighter [or
3-24 police officer] to submit to a polygraph examination if the fire
3-25 department head considers the circumstances to be extraordinary and
4-1 the fire department head believes that the integrity of a fire
4-2 fighter [or police officer] or the fire department is in question.
4-3 SECTION 3. Subsections (b), (d), and (f), Section 143.313,
4-4 Local Government Code, are amended to read as follows:
4-5 (b) A fire fighter [or police officer] employed by the
4-6 municipality may not be required to submit to a polygraph
4-7 examination as part of an internal investigation regarding the
4-8 conduct of the fire fighter [or police officer] unless:
4-9 (1) the complainant submits to and passes a polygraph
4-10 examination; or
4-11 (2) the fire fighter [or police officer] is ordered to
4-12 take an examination under Subsection (f).
4-13 (d) For the purposes of this section, a fire fighter
4-14 [person] passes a polygraph examination if, in the opinion of the
4-15 polygraph examiner, no deception is indicated in the examination
4-16 regarding matters critical to the subject matter under
4-17 investigation.
4-18 (f) The head of the fire [employing] department may order a
4-19 fire fighter [or police officer] to submit to a polygraph
4-20 examination if the fire department head:
4-21 (1) considers the circumstances to be extraordinary;
4-22 or
4-23 (2) believes that the integrity of a fire fighter[, a
4-24 police officer,] or the fire department is in question.
4-25 SECTION 4. Section 157.905, Local Government Code, is
5-1 repealed.
5-2 SECTION 5. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 527 passed the Senate on
April 9, 1997, by the following vote: Yeas 16, Nays 14; and that
the Senate concurred in House amendment on May 28, 1997, by the
following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 527 passed the House, with
amendment, on May 26, 1997, by the following vote: Yeas 137,
Nays 2, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor