Texas 2013 - 83rd Regular

Texas Senate Bill SB562 Compare Versions

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1	1	83R25392 BEF-F
2	2	By: Carona S.B. No. 562
3	3	(Thompson of Harris)
4	4	Substitute the following for S.B. No. 562: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the license qualifications and continuing education
10	10	requirements for polygraph examiners.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subdivision (3), Section 1703.003, Occupations
13	13	Code, is amended to read as follows:
14	14	(3) "Instrument" means a device used to test a subject
15	15	to detect deception or verify the truth of a statement including by
16	16	recording visually, permanently, and simultaneously a subject's
17	17	cardiovascular and respiratory patterns. The term includes a lie
18	18	detector, polygraph, deceptograph, or any other similar or related
19	19	device used to detect deception or verify the truth of a statement.
20	20	SECTION 2. Subsection (a), Section 1703.201, Occupations
21	21	Code, is amended to read as follows:
22	22	(a) A person may not use or offer to use, for compensation or
23	23	for a law enforcement purpose, an instrument, including a
24	24	polygraph, to detect deception or verify the truth of a statement
25	25	unless the person is licensed under this chapter.
26	26	SECTION 3. Subsection (a), Section 1703.203, Occupations
27	27	Code, is amended to read as follows:
28	28	(a) A person is qualified for a polygraph examiner license
29	29	if the person:
30	30	(1) has not been convicted of an offense that directly
31	31	relates to the duties and responsibilities of a polygraph examiner;
32	32	(2) either:
33	33	(A) holds a baccalaureate degree from a college
34	34	or university accredited by an organization designated by the
35	35	department that the department determines has accreditation
36	36	standards ensuring a high level of student scholarship; or
37	37	(B) has active investigative experience during
38	38	the five years preceding the date of application;
39	39	(3) has completed an acceptable [either:
40	40	[(A) is a graduate of a department-approved]
41	41	polygraph examiner [examiners] course of study taught by a school
42	42	recognized by the department and has satisfactorily completed at
43	43	least six months of a polygraph examiner internship; [or
44	44	[(B) has satisfactorily completed at least 12
45	45	months of a polygraph examiner internship;] and
46	46	(4) has passed an examination conducted by, under the
47	47	supervision of, or approved by the department to determine the
48	48	person's competency for a license.
49	49	SECTION 4. Section 1703.207, Occupations Code, is amended
50	50	to read as follows:
51	51	Sec. 1703.207. WAIVER OF LICENSE REQUIREMENTS FOR APPLICANT
52	52	WITH OUT-OF-STATE LICENSE OR OTHER RECOGNIZED EDUCATION OR
53	53	EXPERIENCE. The executive director may waive any license
54	54	requirement for an applicant who:
55	55	(1) holds a license from another state that has
56	56	license requirements substantially equivalent to those of this
57	57	state;
58	58	(2) has verified service, training, or experience in
59	59	using an instrument to detect deception or verify the truth of a
60	60	statement while serving in the military;
61	61	(3) has verified service, training, or experience in
62	62	using an instrument to detect deception or verify the truth of a
63	63	statement while employed by the federal government; or
64	64	(4) has a combination of education and experience the
65	65	executive director determines to be substantially equivalent to
66	66	that required under Section 1703.203.
67	67	SECTION 5. Section 1703.255, Occupations Code, is amended
68	68	to read as follows:
69	69	Sec. 1703.255. CONTINUING EDUCATION. (a) The department
70	70	may recognize, prepare, or implement continuing education programs
71	71	for polygraph examiners [and trainees].
72	72	(b) Participation in a continuing education program is
73	73	mandatory [voluntary].
74	74	(c) The commission by rule shall provide continuing
75	75	education requirements for license holders.
76	76	SECTION 6. Section 1703.305, Occupations Code, is amended
77	77	to read as follows:
78	78	Sec. 1703.305. INSTRUMENTS AND MINIMUM INSTRUMENTATION
79	79	REQUIREMENTS. (a) An instrument used by a polygraph examiner, in
80	80	addition to recording visually, permanently, and simultaneously a
81	81	subject's cardiovascular and respiratory patterns, may also record
82	82	patterns of other physiological changes. The commission may adopt
83	83	rules to identify other instruments and instrumentation
84	84	requirements that are acceptable for use in this state.
85	85	(b) A polygraph examiner who uses an instrument that does
86	86	not comply with the instrumentation requirements of Subsection (a)
87	87	or commission rule is subject to penalties and may be enjoined in
88	88	the manner provided by this chapter.
89	89	SECTION 7. Not later than January 1, 2014, the Texas
90	90	Commission of Licensing and Regulation shall adopt rules necessary
91	91	to implement the changes in law made by this Act.
92	92	SECTION 8. (a) Subsection (a), Section 1703.203,
93	93	Occupations Code, as amended by this Act, applies only to an initial
94	94	license application that is submitted to the Texas Department of
95	95	Licensing and Regulation on or after March 1, 2014. An initial
96	96	license application that is submitted before that date is governed
97	97	by the law in effect on the date the application was submitted, and
98	98	the former law is continued in effect for that purpose.
99	99	(b) Section 1703.207, Occupations Code, as amended by this
100	100	Act, applies only to an initial license application that is
101	101	submitted to the Texas Department of Licensing and Regulation on or
102	102	after January 1, 2014. An initial license application that is
103	103	submitted before that date is governed by the law in effect on the
104	104	date the application was submitted, and the former law is continued
105	105	in effect for that purpose.
106	106	(c) Section 1703.255, Occupations Code, as amended by this
107	107	Act, and the rules adopted under Subsection (c), Section 1703.255,
108	108	Occupations Code, as added by this Act, apply only to the renewal of
109	109	a license that expires on or after December 1, 2014. The renewal of
110	110	a license that expires before that date is governed by the law in
111	111	effect immediately before the effective date of this Act, and the
112	112	former law is continued in effect for that purpose.
113	113	SECTION 9. This Act takes effect September 1, 2013.