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.