By King of Parker H.B. No. 2233
77R6709 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing the Polygraph Examiners Board and
1-3 transferring the regulation of polygraph examinations from the
1-4 Polygraph Examiners Board and the Department of Public Safety of
1-5 the State of Texas to the Texas Commission on Private Security.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1703.003, Occupations Code, is amended to
1-8 read as follows:
1-9 Sec. 1703.003. DEFINITIONS. In this chapter:
1-10 (1) "Board" means the Texas Commission on Private
1-11 Security [Polygraph Examiners Board].
1-12 (2) ["Department" means the Department of Public
1-13 Safety of the State of Texas.]
1-14 [(3)] "Instrument" means a device used to test a
1-15 subject to detect deception or verify the truth of a statement by
1-16 recording visually, permanently, and simultaneously a subject's
1-17 cardiovascular and respiratory patterns. The term includes a lie
1-18 detector, polygraph, deceptograph, or any other similar or related
1-19 device.
1-20 (3) [(4)] "Polygraph examiner" means a person licensed
1-21 under this chapter to use an instrument to detect deception or
1-22 verify the truth of a statement.
1-23 (4) [(5)] "Polygraph examiner internship" means a
1-24 course of study of polygraph examinations and of the administration
2-1 of polygraph examinations by a trainee under the personal
2-2 supervision and control of a polygraph examiner as prescribed by
2-3 the board at the beginning of the internship.
2-4 (5) [(6)] "Trainee" means a person who holds a
2-5 polygraph examiner internship license under this chapter.
2-6 SECTION 2. Section 1703.106, Occupations Code, is amended to
2-7 read as follows:
2-8 Sec. 1703.106. ANNUAL REPORT. Not later than January 1 of
2-9 each year, the board [department] shall submit to the governor and
2-10 the presiding officer of each house of the legislature a complete
2-11 and detailed written report accounting for all funds received and
2-12 disbursed by the board [department] under this chapter during the
2-13 preceding year.
2-14 SECTION 3. Section 1703.202, Occupations Code, is amended to
2-15 read as follows:
2-16 Sec. 1703.202. LICENSE APPLICATION. An application for a
2-17 polygraph examiner license must:
2-18 (1) be made to a designated agent of the board
2-19 [board's secretary] in writing under oath on a form prescribed by
2-20 the board;
2-21 (2) be accompanied by the required nonrefundable fee;
2-22 and
2-23 (3) include any information the board considers
2-24 necessary to evaluate the applicant's qualifications.
2-25 SECTION 4. Sections 1703.206(a) and (c), Occupations Code,
2-26 are amended to read as follows:
2-27 (a) An applicant for the issuance or renewal of a polygraph
3-1 examiner license who is not a resident of this state, in addition
3-2 to meeting all other requirements for a license, must file with the
3-3 board an irrevocable consent to have:
3-4 (1) an action against the applicant filed in a court
3-5 of a county or municipality of this state in which:
3-6 (A) the plaintiff resides; or
3-7 (B) a part of the transaction out of which the
3-8 alleged cause of action arose occurred; and
3-9 (2) process in the action served on the applicant by
3-10 leaving two copies of the process with the board [board's
3-11 secretary].
3-12 (c) The board [board's secretary] shall immediately send by
3-13 registered or certified mail a copy of the process to the applicant
3-14 at the address shown on board records.
3-15 SECTION 5. Section 1703.301(a), Occupations Code, is amended
3-16 to read as follows:
3-17 (a) A polygraph examiner shall notify [the secretary of] the
3-18 board in writing of a change in the examiner's principal business
3-19 location not later than the 30th day after the date the change is
3-20 made.
3-21 SECTION 6. Section 1703.353, Occupations Code, is amended to
3-22 read as follows:
3-23 Sec. 1703.353. SURRENDER OF LICENSE. (a) A license holder
3-24 whose license is suspended or revoked shall immediately surrender
3-25 the license to the board [board's secretary].
3-26 (b) The board may for good cause [board's secretary shall]
3-27 restore a suspended or revoked license to the license holder [on
4-1 the board's written recommendations].
4-2 SECTION 7. Section 1703.401(a), Occupations Code, is amended
4-3 to read as follows:
4-4 (a) If a person violates this chapter, [the board's
4-5 secretary, on direction of a majority of] the board, [and] through
4-6 the attorney general, shall apply in the state's name in district
4-7 court for an order to enjoin the violation of or to enforce
4-8 compliance with this chapter.
4-9 SECTION 8. Section 232.002, Family Code, as amended by
4-10 Section 4, Chapter 1254, and Section 23, Chapter 1477, Acts of the
4-11 76th Legislature, Regular Session, 1999, is amended to read as
4-12 follows:
4-13 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
4-14 following are licensing authorities subject to this chapter:
4-15 (1) Department of Agriculture;
4-16 (2) Texas Commission on Alcohol and Drug Abuse;
4-17 (3) Texas Alcoholic Beverage Commission;
4-18 (4) Texas Appraiser Licensing and Certification Board;
4-19 (5) Texas Board of Architectural Examiners;
4-20 (6) State Board of Barber Examiners;
4-21 (7) Texas Board of Chiropractic Examiners;
4-22 (8) Comptroller of Public Accounts;
4-23 (9) Texas Cosmetology Commission;
4-24 (10) Court Reporters Certification Board;
4-25 (11) State Board of Dental Examiners;
4-26 (12) Texas State Board of Examiners of Dietitians;
4-27 (13) Texas Funeral Service Commission;
5-1 (14) Texas Department of Health;
5-2 (15) Texas Department of Human Services;
5-3 (16) Texas Board of Professional Land Surveying;
5-4 (17) Texas Department of Licensing and Regulation;
5-5 (18) Texas State Board of Examiners of Marriage and
5-6 Family Therapists;
5-7 (19) Texas State Board of Medical Examiners;
5-8 (20) Midwifery Board;
5-9 (21) Texas Natural Resource Conservation Commission;
5-10 (22) Board of Nurse Examiners;
5-11 (23) Texas Board of Occupational Therapy Examiners;
5-12 (24) Texas Optometry Board;
5-13 (25) Parks and Wildlife Department;
5-14 (26) Texas State Board of Examiners of Perfusionists;
5-15 (27) Texas State Board of Pharmacy;
5-16 (28) Texas Board of Physical Therapy Examiners;
5-17 (29) Texas State Board of Plumbing Examiners;
5-18 (30) Texas State Board of Podiatric Medical Examiners;
5-19 (31) [Polygraph Examiners Board;]
5-20 [(32)] Texas Commission on [Board of] Private
5-21 [Investigators and Private] Security [Agencies];
5-22 (32) [(33)] Texas State Board of Examiners of
5-23 Professional Counselors;
5-24 (33) [(34)] Texas Board of Professional Engineers;
5-25 (34) [(35)] Department of Protective and Regulatory
5-26 Services;
5-27 (35) [(36)] Texas State Board of Examiners of
6-1 Psychologists;
6-2 (36) [(37)] Texas State Board of Public Accountancy;
6-3 (37) [(38)] Department of Public Safety of the State
6-4 of Texas;
6-5 (38) [(39)] Public Utility Commission of Texas;
6-6 (39) [(40)] Railroad Commission of Texas;
6-7 (40) [(41)] Texas Real Estate Commission;
6-8 (41) [(42)] State Bar of Texas;
6-9 (42) [(43)] Texas State Board of Social Worker
6-10 Examiners;
6-11 (43) [(44)] State Board of Examiners for
6-12 Speech-Language Pathology and Audiology;
6-13 (44) [(45)] Texas Structural Pest Control Board;
6-14 (45) [(46)] Board of Tax Professional Examiners;
6-15 (46) [(47)] Secretary of State;
6-16 (47) [(48)] Supreme Court of Texas;
6-17 (48) [(49)] Texas Transportation Commission;
6-18 (49) [(50)] State Board of Veterinary Medical
6-19 Examiners;
6-20 (50) [(51)] Board of Vocational Nurse Examiners;
6-21 (51) [(52)] Texas Ethics Commission;
6-22 (52) [(53)] Advisory Board of Athletic Trainers;
6-23 (53) [(54)] State Committee of Examiners in the
6-24 Fitting and Dispensing of Hearing Instruments;
6-25 (54) [(55)] Texas Board of Licensure for Professional
6-26 Medical Physicists;
6-27 (55) [(56)] Texas Department of Insurance;
7-1 (56) [(57)] Texas Board of Orthotics and Prosthetics;
7-2 [and]
7-3 (57) [(58)] savings and loan commissioner; and
7-4 (58) Texas Juvenile Probation Commission.
7-5 SECTION 9. The following provisions of the Occupations Code
7-6 are repealed:
7-7 (1) Subchapter B, Chapter 1703; and
7-8 (2) Sections 1703.005 and 1703.101.
7-9 SECTION 10. (a) On December 1, 2001, the regulation of
7-10 polygraph examination formerly administered by the Polygraph
7-11 Examiners Board is transferred to the Texas Commission on Private
7-12 Security, and the Polygraph Examiners Board is abolished.
7-13 (b) All money, records, property, and equipment in the
7-14 custody of the Polygraph Examiners Board or the Department of
7-15 Public Safety of the State of Texas on November 30, 2001, for the
7-16 regulation of polygraph examination shall be transferred to the
7-17 custody of the Texas Commission on Private Security on December 1,
7-18 2001. A person employed by the Polygraph Examiners Board becomes
7-19 an employee of the Texas Commission on Private Security on December
7-20 1, 2001.
7-21 (c) A reference in a law or administrative rule to the
7-22 Polygraph Examiners Board means the Texas Commission on Private
7-23 Security.
7-24 (d) An appropriation made to the Polygraph Examiners Board
7-25 for the state fiscal biennium ending August 31, 2003, is
7-26 transferred to the Texas Commission on Private Security on December
7-27 1, 2001.
8-1 SECTION 11. This Act takes effect immediately if it receives
8-2 a vote of two-thirds of all the members elected to each house, as
8-3 provided by Section 39, Article III, Texas Constitution. If this
8-4 Act does not receive the vote necessary for immediate effect, this
8-5 Act takes effect September 1, 2001.