By: Driver H.B. No. 1589
A BILL TO BE ENTITLED
AN ACT
relating to the administration of polygraph examinations to certain
applicants for positions in the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.007(c), Government Code, is amended
to read as follows:
(c) An applicant for a position in the department must be a
United States citizen. An applicant may not be questioned
regarding the applicant's political affiliation or religious faith
or beliefs. The department may not prohibit an officer or employee
of the department, while off duty and out of uniform, from placing a
bumper sticker endorsing political activities or a candidate for
political office on a personal vehicle, placing a campaign sign in
the person's private yard, making a political contribution, or
wearing a badge endorsing political activities or a candidate. An
officer commissioned by the department may not be suspended,
terminated, or subjected to any form of discrimination by the
department because of the refusal of the officer to take a polygraph
examination. Section 411.0074 does not authorize the department to
require an officer commissioned by the department to take a
polygraph examination.
SECTION 2. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0074 to read as follows:
Sec. 411.0074. POLYGRAPH EXAMINATIONS FOR CERTAIN
APPLICANTS. (a) This section does not apply to:
(1) an applicant who is currently a peace officer of
the department commissioned by the department; or
(2) an applicant for a police communications operator
position who is currently employed by the department in another
police communications operator position.
(b) Before commissioning an applicant as a peace officer or
employing an applicant for a police communications operator
position, the department shall require the applicant to submit to
the administration of a polygraph examination in accordance with
rules adopted under Subsection (e).
(c) The polygraph examination required by this section may
only be administered by a polygraph examiner licensed under Chapter
1703, Occupations Code, who:
(1) is a peace officer commissioned by the department;
or
(2) has a minimum of two years of experience
conducting preemployment polygraph examinations for a law
enforcement agency.
(d) The department and the polygraph examiner shall
maintain the confidentiality of the results of a polygraph
examination administered under this section, except that:
(1) the department and the polygraph examiner may
disclose the results in accordance with Section 1703.306,
Occupations Code; and
(2) notwithstanding Section 1703.306, Occupations
Code, the department may disclose any admission of criminal conduct
made during the course of an examination to another appropriate
governmental entity.
(e) The department shall adopt reasonable rules to specify
the point in the hiring process at which the department shall
require a polygraph examination to be administered under this
section and the manner in which the examination shall be
administered. Rules relating to the administration of a polygraph
examination shall be adopted in accordance with the guidelines
published by the American Polygraph Association or the American
Association of Police Polygraphists.
(f) The department shall use the results of a polygraph
examination under this section as a factor in determining whether
to commission a peace officer or employ an applicant for the
position of police communications operator.
SECTION 3. Section 411.0074, Government Code, as added by
this Act, applies only to an applicant who submits an application
for a position in the Department of Public Safety of the State of
Texas on or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.