By: Williams S.B. No. 295

(In the Senate - Filed January 24, 2007; January 30, 2007, read first time and referred to Committee on Transportation and Homeland Security; February 13, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; February 13, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 295 By: Williams

A BILL TO BE ENTITLED

AN ACT

relating to the administration of polygraph examinations to certain officers and employees of the Department of Public Safety of the State of Texas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.00741 to read as follows:

Sec. 411.00741. POLYGRAPH EXAMINATIONS FOR CERTAIN OFFICERS AND EMPLOYEES. (a) The department may require a commissioned or noncommissioned officer or employee of the department to submit to the administration of a polygraph examination administered by a polygraph examiner if:

(1) the officer or employee is assigned to a position that requires the officer or employee to work with a federal agency on national security issues; and

(2) the federal agency requires that the officer or employee submit to a polygraph examination.

(b) If an officer or employee does not submit to the administration of a polygraph examination required under Subsection (a), the department may, as applicable:

(1) remove the officer or employee from an assignment to a position described by Subsection (a)(1); or

(2) refuse to assign the officer or employee to that position.

SECTION 2. 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, 2007.

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