BILL ANALYSIS Senate Research Center S.B. 2180 89R13748 GP-F By: Hagenbuch; Flores Criminal Justice 4/3/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 2180 addresses the need for standardized certification and training requirements for peace officers conducting polygraph examinations in Texas. Currently, there is no uniform certification process ensuring that peace officers who administer polygraph tests possess the necessary expertise. This lack of standardization raises concerns about the accuracy and reliability of polygraph examinations, particularly in critical areas such as preemployment screenings, criminal investigations, and post-conviction sex offender monitoring. Current Law Under existing Texas law, peace officers are permitted to conduct polygraph examinations, but there are no mandatory state-level certification or training requirements governing their administration. This creates inconsistencies in how these tests are performed and interpreted, potentially undermining their effectiveness in legal and employment-related decisions. While polygraph examinations are commonly used, their reliability heavily depends on the proficiency of the examiner, making standardized training essential. Purpose S.B. 2180 introduces a requirement that peace officers conducting polygraph examinations must undergo formal training and obtain certification through the Texas Commission on Law Enforcement (TCOLE). Specifically, the bill: Grants TCOLE the authority to establish training, testing, and certification standards for peace officers conducting polygraph examinations. Requires peace officers to complete an approved training course and pass an examination on investigative polygraphy before they can administer polygraph tests in preemployment screenings, criminal investigations, or post-conviction sex offender monitoring. Mandates that certified officers follow guidelines established by the American Polygraph Association when conducting post-conviction sex offender tests, ensuring adherence to best practices. Provides a transition period, requiring compliance with the new certification standards by January 1, 2027. These provisions ensure that polygraph examinations conducted by peace officers meet professional and scientific standards, improving their credibility and effectiveness in law enforcement procedures. As proposed, S.B. 2180 amends current law relating to requiring a certification for peace officers to conduct certain polygraph examinations. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Commission on Law Enforcement in SECTION 1 (Section 1701.318, Occupations Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter G, Chapter 1701, Occupations Code, by adding Section 1701.318, as follows: Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO CONDUCT POLYGRAPH EXAMINATIONS. (a) Authorizes the Texas Commission on Law Enforcement (TCOLE) by rule to establish minimum requirements for the training, testing, and certification of peace officers to conduct polygraph examinations for the purpose of a preemployment examination of a candidate applying for a position that requires a license under Chapter 1701 (Law Enforcement Officers), a criminal investigation, or a post-conviction sex offender test. (b) Requires TCOLE to adopt rules prohibiting a peace officer from conducting a polygraph examination for a purpose described by Subsection (a) unless the officer completes a training course approved by TCOLE and passes an examination administered by TCOLE that is designed to test the officer's knowledge of investigative polygraphy. (c) Requires TCOLE to issue a certification to conduct polygraph examinations to a peace officer who applies for the certification, completes the required training, and passes the required examination. (d) Requires a peace officer holding a certification issued under this section to conduct a test described by Subsection (a)(3) (relating to a post-conviction sex offender test) in accordance with guidelines established by the American Polygraph Association, or a successor entity. SECTION 2. Requires TCOLE, as soon as practicable after the effective date of this Act, to adopt rules required by Section 1701.318, Occupations Code, as added by this Act. SECTION 3. Provides that a peace officer is not required to comply with rules adopted under Section 1701.318, Occupations Code, as added by this Act, until January 1, 2027. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2180
89R13748 GP-F By: Hagenbuch; Flores
Criminal Justice
4/3/2025
As Filed
Senate Research Center
S.B. 2180
89R13748 GP-F
By: Hagenbuch; Flores
Criminal Justice
4/3/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 2180 addresses the need for standardized certification and training requirements for peace officers conducting polygraph examinations in Texas. Currently, there is no uniform certification process ensuring that peace officers who administer polygraph tests possess the necessary expertise. This lack of standardization raises concerns about the accuracy and reliability of polygraph examinations, particularly in critical areas such as preemployment screenings, criminal investigations, and post-conviction sex offender monitoring.
Current Law
Under existing Texas law, peace officers are permitted to conduct polygraph examinations, but there are no mandatory state-level certification or training requirements governing their administration. This creates inconsistencies in how these tests are performed and interpreted, potentially undermining their effectiveness in legal and employment-related decisions. While polygraph examinations are commonly used, their reliability heavily depends on the proficiency of the examiner, making standardized training essential.
Purpose
S.B. 2180 introduces a requirement that peace officers conducting polygraph examinations must undergo formal training and obtain certification through the Texas Commission on Law Enforcement (TCOLE). Specifically, the bill:
Grants TCOLE the authority to establish training, testing, and certification standards for peace officers conducting polygraph examinations.
Requires peace officers to complete an approved training course and pass an examination on investigative polygraphy before they can administer polygraph tests in preemployment screenings, criminal investigations, or post-conviction sex offender monitoring.
Mandates that certified officers follow guidelines established by the American Polygraph Association when conducting post-conviction sex offender tests, ensuring adherence to best practices.
Provides a transition period, requiring compliance with the new certification standards by January 1, 2027.
These provisions ensure that polygraph examinations conducted by peace officers meet professional and scientific standards, improving their credibility and effectiveness in law enforcement procedures.
As proposed, S.B. 2180 amends current law relating to requiring a certification for peace officers to conduct certain polygraph examinations.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Commission on Law Enforcement in SECTION 1 (Section 1701.318, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter G, Chapter 1701, Occupations Code, by adding Section 1701.318, as follows:
Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO CONDUCT POLYGRAPH EXAMINATIONS. (a) Authorizes the Texas Commission on Law Enforcement (TCOLE) by rule to establish minimum requirements for the training, testing, and certification of peace officers to conduct polygraph examinations for the purpose of a preemployment examination of a candidate applying for a position that requires a license under Chapter 1701 (Law Enforcement Officers), a criminal investigation, or a post-conviction sex offender test.
(b) Requires TCOLE to adopt rules prohibiting a peace officer from conducting a polygraph examination for a purpose described by Subsection (a) unless the officer completes a training course approved by TCOLE and passes an examination administered by TCOLE that is designed to test the officer's knowledge of investigative polygraphy.
(c) Requires TCOLE to issue a certification to conduct polygraph examinations to a peace officer who applies for the certification, completes the required training, and passes the required examination.
(d) Requires a peace officer holding a certification issued under this section to conduct a test described by Subsection (a)(3) (relating to a post-conviction sex offender test) in accordance with guidelines established by the American Polygraph Association, or a successor entity.
SECTION 2. Requires TCOLE, as soon as practicable after the effective date of this Act, to adopt rules required by Section 1701.318, Occupations Code, as added by this Act.
SECTION 3. Provides that a peace officer is not required to comply with rules adopted under Section 1701.318, Occupations Code, as added by this Act, until January 1, 2027.
SECTION 4. Effective date: September 1, 2025.