79R2701 KEG-F

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)  The department shall require each applicant for a peace 
officer or police communications operator position in the 
department to submit to the administration of a polygraph 
examination.
	(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 for the 
administration of a polygraph examination under this section 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.