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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a certification for peace officers to conduct |
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certain polygraph examinations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.318 to read as follows: |
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Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO |
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CONDUCT POLYGRAPH EXAMINATIONS. (a) The commission by rule may |
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establish minimum requirements for the training, testing, and |
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certification of peace officers to conduct polygraph examinations |
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for the purpose of: |
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(1) a preemployment examination of a candidate |
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applying for a position that requires a license under this chapter; |
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(2) a criminal investigation; or |
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(3) a post-conviction sex offender test. |
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(b) The commission shall adopt rules prohibiting a peace |
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officer from conducting a polygraph examination for a purpose |
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described by Subsection (a) unless the officer: |
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(1) completes a training course approved by the |
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commission; and |
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(2) passes an examination administered by the |
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commission that is designed to test the officer's knowledge of |
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investigative polygraphy. |
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(c) The commission shall issue a certification to conduct |
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polygraph examinations to a peace officer who applies for the |
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certification, completes the required training, and passes the |
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required examination. |
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(d) A peace officer holding a certification issued under |
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this section must conduct a test described by Subsection (a)(3) in |
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accordance with guidelines established by the American Polygraph |
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Association, or a successor entity. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Law Enforcement shall adopt |
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rules required by Section 1701.318, Occupations Code, as added by |
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this Act. |
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SECTION 3. A peace officer is not required to comply with |
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rules adopted under Section 1701.318, Occupations Code, as added by |
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this Act, until January 1, 2027. |
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SECTION 4. This Act takes effect September 1, 2025. |