Relating to requiring a certification for peace officers to conduct certain polygraph examinations.

89(R) HB 4956 - Introduced version - Bill Text

89R13748 GP-F

By: Isaac

H.B. No. 4956

A BILL TO BE ENTITLED

AN ACT

relating to requiring a certification for peace officers to conduct

certain polygraph examinations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is

amended by adding Section 1701.318 to read as follows:

Sec.

1701.318.

CERTIFICATION REQUIRED FOR PEACE OFFICERS TO

CONDUCT POLYGRAPH EXAMINATIONS. (a) The commission by rule may

establish minimum requirements for the training, testing, and

certification of peace officers to conduct polygraph examinations

for the purpose of:

(1)

a preemployment examination of a candidate

applying for a position that requires a license under this chapter;

(2) a criminal investigation; or

(3) a post-conviction sex offender test.

(b)

The commission shall adopt rules prohibiting a peace

officer from conducting a polygraph examination for a purpose

described by Subsection (a) unless the officer:

(1)

completes a training course approved by the

commission; and

(2)

passes an examination administered by the

commission that is designed to test the officer's knowledge of

investigative polygraphy.

(c)

The commission shall 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)

A peace officer holding a certification issued under

this section must conduct a test described by Subsection (a)(3) in

accordance with guidelines established by the American Polygraph

Association, or a successor entity.

SECTION 2. As soon as practicable after the effective date

of this Act, the Texas Commission on Law Enforcement shall adopt

rules required by Section 1701.318, Occupations Code, as added by

this Act.

SECTION 3. 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. This Act takes effect September 1, 2025.