By: Carona S.B. No. 562
(In the Senate - Filed February 14, 2013; February 20, 2013,
read first time and referred to Committee on Business and Commerce;
March 6, 2013, reported favorably by the following vote:
Yeas 9, Nays 0; March 6, 2013, sent to printer.)
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.
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