| 1 | 1 | | 89R13748 GP-F |
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| 2 | 2 | | By: Isaac H.B. No. 4956 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requiring a certification for peace officers to conduct |
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| 10 | 10 | | certain polygraph examinations. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is |
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| 13 | 13 | | amended by adding Section 1701.318 to read as follows: |
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| 14 | 14 | | Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO |
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| 15 | 15 | | CONDUCT POLYGRAPH EXAMINATIONS. (a) The commission by rule may |
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| 16 | 16 | | establish minimum requirements for the training, testing, and |
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| 17 | 17 | | certification of peace officers to conduct polygraph examinations |
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| 18 | 18 | | for the purpose of: |
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| 19 | 19 | | (1) a preemployment examination of a candidate |
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| 20 | 20 | | applying for a position that requires a license under this chapter; |
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| 21 | 21 | | (2) a criminal investigation; or |
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| 22 | 22 | | (3) a post-conviction sex offender test. |
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| 23 | 23 | | (b) The commission shall adopt rules prohibiting a peace |
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| 24 | 24 | | officer from conducting a polygraph examination for a purpose |
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| 25 | 25 | | described by Subsection (a) unless the officer: |
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| 26 | 26 | | (1) completes a training course approved by the |
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| 27 | 27 | | commission; and |
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| 28 | 28 | | (2) passes an examination administered by the |
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| 29 | 29 | | commission that is designed to test the officer's knowledge of |
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| 30 | 30 | | investigative polygraphy. |
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| 31 | 31 | | (c) The commission shall issue a certification to conduct |
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| 32 | 32 | | polygraph examinations to a peace officer who applies for the |
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| 33 | 33 | | certification, completes the required training, and passes the |
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| 34 | 34 | | required examination. |
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| 35 | 35 | | (d) A peace officer holding a certification issued under |
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| 36 | 36 | | this section must conduct a test described by Subsection (a)(3) in |
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| 37 | 37 | | accordance with guidelines established by the American Polygraph |
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| 38 | 38 | | Association, or a successor entity. |
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| 39 | 39 | | SECTION 2. As soon as practicable after the effective date |
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| 40 | 40 | | of this Act, the Texas Commission on Law Enforcement shall adopt |
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| 41 | 41 | | rules required by Section 1701.318, Occupations Code, as added by |
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| 42 | 42 | | this Act. |
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| 43 | 43 | | SECTION 3. A peace officer is not required to comply with |
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| 44 | 44 | | rules adopted under Section 1701.318, Occupations Code, as added by |
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| 45 | 45 | | this Act, until January 1, 2027. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2025. |
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