By: Carona S.B. No. 562
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the license qualifications and continuing education
  requirements for polygraph examiners.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (3), Section 1703.003, Occupations
  Code, is amended to read as follows:
               (3)  "Instrument" means a device used to test a subject
  to detect deception or verify the truth of a statement including by
  recording visually, permanently, and simultaneously a subject's
  cardiovascular and respiratory patterns. The term includes a lie
  detector, polygraph, deceptograph, or any other similar or related
  device used to detect deception or verify the truth of a statement.
         SECTION 2.  Subsection (a), Section 1703.201, Occupations
  Code, is amended to read as follows:
         (a)  A person may not use or offer to use, for compensation or
  for a law enforcement purpose, an instrument, including a
  polygraph, to detect deception or verify the truth of a statement
  unless the person is licensed under this chapter.
         SECTION 3.  Subsection (a), Section 1703.203, Occupations
  Code, is amended to read as follows:
         (a)  A person is qualified for a polygraph examiner license
  if the person:
               (1)  has not been convicted of an offense that directly
  relates to the duties and responsibilities of a polygraph examiner;
               (2)  either:
                     (A)  holds a baccalaureate degree from a college
  or university accredited by an organization designated by the
  department that the department determines has accreditation
  standards ensuring a high level of student scholarship; or
                     (B)  has active investigative experience during
  the five years preceding the date of application;
               (3)  has completed an acceptable [either:
                     [(A)  is a graduate of a department-approved]
  polygraph examiner [examiners] course of study taught by a school
  recognized by the department and has satisfactorily completed at
  least six months of a polygraph examiner internship; [or
                     [(B)     has satisfactorily completed at least 12
  months of a polygraph examiner internship;] and
               (4)  has passed an examination conducted by, under the
  supervision of, or approved by the department to determine the
  person's competency for a license.
         SECTION 4.  Section 1703.207, Occupations Code, is amended
  to read as follows:
         Sec. 1703.207.  WAIVER OF LICENSE REQUIREMENTS FOR APPLICANT
  WITH OUT-OF-STATE LICENSE OR OTHER RECOGNIZED EDUCATION OR
  EXPERIENCE. The executive director may waive any license
  requirement for an applicant who:
               (1)  holds a license from another state that has
  license requirements substantially equivalent to those of this
  state;
               (2)  has verified service, training, or experience in
  using an instrument to detect deception or verify the truth of a
  statement while serving in the military;
               (3)  has verified service, training, or experience in
  using an instrument to detect deception or verify the truth of a
  statement while employed by the federal government; or
               (4)  has a combination of education and experience the
  executive director determines to be substantially equivalent to
  that required under Section 1703.203.
         SECTION 5.  Section 1703.255, Occupations Code, is amended
  to read as follows:
         Sec. 1703.255.  CONTINUING EDUCATION. (a)  The department
  may recognize, prepare, or implement continuing education programs
  for polygraph examiners [and trainees].
         (b)  Participation in a continuing education program is
  mandatory [voluntary].
         (c)  The commission by rule shall provide continuing
  education requirements for license holders.
         SECTION 6.  Section 1703.305, Occupations Code, is amended
  to read as follows:
         Sec. 1703.305.  INSTRUMENTS AND MINIMUM INSTRUMENTATION
  REQUIREMENTS. (a)  An instrument used by a polygraph examiner, in
  addition to recording visually, permanently, and simultaneously a
  subject's cardiovascular and respiratory patterns, may also record
  patterns of other physiological changes. Except as provided by
  Subsection (c), the commission may adopt rules to identify other
  instruments and instrumentation requirements that are acceptable
  for use in this state.
         (b)  A polygraph examiner who uses an instrument that does
  not comply with the instrumentation requirements of Subsection (a)
  or commission rule is subject to penalties and may be enjoined in
  the manner provided by this chapter.
         (c)  A person may not, for compensation or for a law
  enforcement purpose, use a voice stress analyzer or similar device
  to detect deception or verify the truth of a statement.
         SECTION 7.  Not later than January 1, 2014, the Texas
  Commission of Licensing and Regulation shall adopt rules necessary
  to implement the changes in law made by this Act.
         SECTION 8.  (a)  Subsection (a), Section 1703.203,
  Occupations Code, as amended by this Act, applies only to an initial
  license application that is submitted to the Texas Department of
  Licensing and Regulation on or after March 1, 2014. An initial
  license application that is submitted before that date is governed
  by the law in effect on the date the application was submitted, and
  the former law is continued in effect for that purpose.
         (b)  Section 1703.207, Occupations Code, as amended by this
  Act, applies only to an initial license application that is
  submitted to the Texas Department of Licensing and Regulation on or
  after January 1, 2014. An initial license application that is
  submitted before that date is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         (c)  Section 1703.255, Occupations Code, as amended by this
  Act, and the rules adopted under Subsection (c), Section 1703.255,
  Occupations Code, as added by this Act, apply only to the renewal of
  a license that expires on or after December 1, 2014. The renewal of
  a license that expires before that date is governed by the law in
  effect immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2013.