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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of polygraph examinations to certain |
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commissioned officers and noncommissioned employees of the |
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Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.007, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) An applicant for a position in the department must be a |
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United States citizen. An applicant may not be questioned |
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regarding the applicant's political affiliation or religious faith |
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or beliefs. The department may not prohibit an officer or employee |
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of the department, while off duty and out of uniform, from placing a |
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bumper sticker endorsing political activities or a candidate for |
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political office on a personal vehicle, placing a campaign sign in |
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the person's private yard, making a political contribution, or |
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wearing a badge endorsing political activities or a candidate. |
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Except as provided by Subsection (c-1), an [An] officer |
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commissioned by the department may not be suspended, terminated, or |
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subjected to any form of discrimination by the department because |
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of the refusal of the officer to take a polygraph examination. |
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Section 411.0074 does not authorize the department to require an |
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officer commissioned by the department to take a polygraph |
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examination. |
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(c-1) The department may: |
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(1) require a commissioned officer or noncommissioned |
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employee to take a polygraph examination if the officer or employee |
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is assigned to a position in which the officer or employee works |
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with a federal agency on a national security issue and the |
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examination is required by a federal agency; and |
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(2) remove from assignment or deny assignment to a |
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commissioned officer or noncommissioned employee who refuses to |
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take a polygraph examination required for a position involving a |
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joint state and federal investigation on a national security issue. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |