By King of Parker                                     H.B. No. 3175
         Substitute the following for H.B. No. 3175:
         By Turner of Coleman                              C.S.H.B. No. 3175
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use by licensed peace officers of computerized
 1-3     voice stress analyzers in official criminal investigations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2, Polygraph Examiners Act (Article
 1-6     4413(29cc), Vernon's Texas Civil Statutes), is amended to read as
 1-7     follows:
 1-8           Sec. 2.  PURPOSE; APPLICABILITY.  (a)  It is the purpose of
 1-9     this Act to regulate all persons who purport to be able to detect
1-10     deception or to verify truth of statements through the use of
1-11     instrumentation (as lie detectors, polygraphs, deceptographs,
1-12     and/or similar or related devices and instruments without regard to
1-13     the nomenclature applied thereto) and this Act shall be liberally
1-14     construed to regulate all such persons and instruments.  No person
1-15     who purports to be able to detect deception or to verify truth of
1-16     statements through instrumentation shall be held exempt from the
1-17     provisions of this Act because of the terminology which he may use
1-18     to refer to himself, to his instrument, or to his services.
1-19           (b)  Notwithstanding Subsection (a) of this section, this Act
1-20     does not apply to the use by a licensed peace officer who is a
1-21     certified voice stress analyzer examiner of a computerized  voice
1-22     stress analyzer in an official criminal examination.
1-23           SECTION 2.  Chapter 15, Code of Criminal Procedure, is
1-24     amended by adding Article 15.052 to read as follows:
 2-1           Art. 15.052.  VICTIM'S CONSENT REQUIRED FOR USE OF
 2-2     COMPUTERIZED VOICE STRESS ANALYZER.  A peace officer may not use a
 2-3     computerized voice stress analyzer to interview a victim of a crime
 2-4     being investigated without the victim's written consent.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended,
2-10     and that this Act take effect and be in force from and after its
2-11     passage, and it is so enacted.