By Gallegos S.B. No. 905 75R4359 GJH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to circumstances under which certain firefighters and 1-3 police officers may be required to take a polygraph examination. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 143, Local Government Code, 1-6 is amended by adding Section 143.058 to read as follows: 1-7 Sec. 143.058. POLYGRAPH EXAMINATIONS. (a) A firefighter or 1-8 police officer employed by the municipality may not be required to 1-9 submit to a polygraph examination as part of an internal 1-10 investigation regarding the conduct of the firefighter or police 1-11 officer unless: 1-12 (1) the complainant submits to and passes a polygraph 1-13 examination and, if applicable, the department has complied with 1-14 Subsection (c); or 1-15 (2) the firefighter or police officer is ordered to 1-16 take an examination under Subsection (f). 1-17 (b) Subsection (a)(1) does not apply if the complainant is 1-18 physically or mentally incapable of being polygraphed. 1-19 (c) The department shall, on the written request of a 1-20 firefighter or police officer, provide to the firefighter or police 1-21 officer the complainant's polygraph examination results within 48 1-22 hours after the request. 1-23 (d) For the purposes of this section, a person passes a 1-24 polygraph examination if, in the opinion of the polygraph examiner, 2-1 no deception is indicated regarding matters critical to the subject 2-2 matter under investigation. 2-3 (e) The results of a polygraph examination that relate to 2-4 the complaint under investigation are not admissible in a 2-5 proceeding before the commission or a hearing examiner. 2-6 (f) The department head may order a firefighter or police 2-7 officer to submit to a polygraph examination if the department head 2-8 considers the circumstances to be extraordinary and the department 2-9 head believes that the integrity of a firefighter or police officer 2-10 or the department is in question. 2-11 (g) This section does not apply if Section 143.124 applies. 2-12 SECTION 2. This Act takes effect September 1, 1997, and 2-13 applies only to an investigation that is initiated on or after the 2-14 effective date of this Act. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.