BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 295

80R1247 YDB-F                                                                                                           By: Williams

                                                                                                 Transportation & Homeland Security

                                                                                                                                              2/6/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current state law, the Texas Department of Public Safety (DPS) is prohibited from suspending, terminating, or discriminating against a commissioned officer who refuses to take a polygraph examination. A new federal mandate requires all personnel serving on a joint federal/state task force undergo a polygraph examination in order to obtain security clearance. DPS officers currently serving on one of these task forces will be unable to continue to serve, unless they take a polygraph examination, but DPS does not have the authority to require the officers to comply.

 

As proposed, S.B. 295 authorizes DPS to require commissioned officers and noncommissioned employees to take a polygraph examination if the officer or employee works with a federal agency on a national security issue. This bill authorizes DPS to remove an officer or employee who works in the aforementioned capacity if they refuse to take a polygraph examination, or to deny the officer or employee's application, if the officer or employee refuses to take a polygraph examination.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 411.007, Government Code, by amending Subsection (c) and adding Subsection (c-1), as follows:

 

(c) Makes a conforming change.

 

(c-1) Authorizes the Department of Public Safety (DPS) to require a commissioned officer or noncommissioned employee to take a polygraph examination if the officer or employee is assigned to a position in which the officer or employee works with a federal agency on a national security issue and the examination is required by the federal agency. Authorizes DPS to remove from or deny assignment to a commissioned officer or noncommissioned employee who refuses to take the polygraph examination that is required for a position involving a joint state and federal investigation on a national security issue.

 

SECTION 2. Effective date: upon passage or September 1, 2007.