CHAPTER 1703. POLYGRAPH EXAMINERS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-10-occupations-related-to-law-enforcement-and-security > Chapter-1703-polygraph-examiners

OCCUPATIONS CODE

TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1703.001. SHORT TITLE. This chapter may be cited as the

Polygraph Examiners Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.002. LIBERAL CONSTRUCTION. This chapter shall be

liberally construed to regulate:

(1) a person who claims to be able to use an instrument to

detect deception or verify the truth of a statement; and

(2) the instrument used by that person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.003. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission of Licensing and

Regulation.

(1-a) "Committee" means the Polygraph Advisory Committee.

(2) "Department" means the Texas Department of Licensing and

Regulation.

(3) "Instrument" means a device used to test a subject to detect

deception or verify the truth of a statement 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.

(4) "Polygraph examiner" means a person licensed under this

chapter to use an instrument to detect deception or verify the

truth of a statement.

(5) "Polygraph examiner internship" means a course of study of

polygraph examinations and of the administration of polygraph

examinations by a trainee under the personal supervision and

control of a polygraph examiner as prescribed by the department

at the beginning of the internship.

(6) "Trainee" means a person who holds a polygraph examiner

internship license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 1, eff. May 27, 2009.

Sec. 1703.004. EFFECT OF CHAPTER. This chapter may not be

interpreted to permit the results of a truth or polygraph

examination to be introduced or admitted as evidence in court.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. POLYGRAPH ADVISORY COMMITTEE

Sec. 1703.051. COMMITTEE MEMBERSHIP. (a) The Polygraph

Advisory Committee consists of five members appointed by the

presiding officer of the commission, with the approval of the

commission, as follows:

(1) two polygraph examiner members who are qualified polygraph

examiners for a governmental law enforcement agency;

(2) two polygraph examiner members who are qualified polygraph

examiners in the commercial field; and

(3) one member who represents the public.

(b) A member must have been a United States citizen and a

resident of this state for at least two years before the date of

appointment.

polygraph examiner on the date of appointment.

(d) Two committee members may not be employed by the same

person.

(e) Appointments to the committee shall be made without regard

to the race, color, disability, sex, religion, or national origin

of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 32.01, eff. Sept.

1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 3, eff. May 27, 2009.

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 4, eff. May 27, 2009.

Sec. 1703.054. TERMS; VACANCY. (a) Committee members serve

staggered six-year terms.

(b) If a vacancy occurs on the committee, the presiding officer

of the commission, with the commission's approval, shall appoint

a successor to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 5, eff. May 27, 2009.

Sec. 1703.055. PRESIDING OFFICER. The presiding officer of the

commission, with the commission's approval, shall appoint a

member of the committee to serve as presiding officer of the

committee for a two-year term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 6, eff. May 27, 2009.

Sec. 1703.058. COMMITTEE DUTIES. The committee shall advise the

commission on:

(1) educational requirements for a polygraph examiner;

(2) the contents of a licensing examination;

(3) technical issues related to a polygraph examination;

(4) the specific offenses for which a conviction would

constitute grounds for the department to take action under

Section 53.021; and

(5) administering and enforcing this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 7, eff. May 27, 2009.

SUBCHAPTER E. LICENSE REQUIREMENTS

Sec. 1703.201. LICENSE REQUIRED. (a) A person may not use an

instrument, including a polygraph, to detect deception or verify

the truth of a statement unless the person is licensed under this

chapter.

(b) A person may not represent that the person is a polygraph

examiner or refer to the person by another title that indicates

or is intended to indicate that the person is qualified to use an

instrument to detect deception or verify the truth of a statement

unless the person is licensed under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.202. LICENSE APPLICATION. An application for a

polygraph examiner license must:

(1) be made to the department on a form prescribed by the

department;

(2) be accompanied by the required nonrefundable fee; and

(3) include any information the department considers necessary

to evaluate the applicant's qualifications.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 8, eff. May 27, 2009.

Sec. 1703.203. QUALIFICATIONS FOR LICENSE. (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) either:

(A) is a graduate of a department-approved polygraph examiners

course 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.

(b) The commission by rule shall establish:

(1) the specific offenses that disqualify an applicant under

Subsection (a)(1); and

(2) the criteria by which the department evaluates an

applicant's compliance with the active investigative experience

requirement established by Subsection (a)(2)(B).

chapter to be administered in three-month intervals.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 9, eff. May 27, 2009.

Sec. 1703.205. ISSUANCE OF LICENSE; SURETY BOND OR INSURANCE

POLICY REQUIREMENT. (a) Before a polygraph examiner license is

issued, the person to whom the license is to be issued must

provide to the department evidence of a surety bond or insurance

policy that:

(1) is in the amount of $5,000; and

(2) requires the obligor on the bond or policy to pay, to the

extent of the face amount of the bond or policy, all judgments

recovered against the license holder for any wrongful or illegal

act committed by the license holder in the course of

administering a polygraph examination.

(b) Each license must be issued by the department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 10, eff. May 27, 2009.

Sec. 1703.206. NONRESIDENT APPLICANT FOR LICENSE. (a) An

applicant for the issuance or renewal of a polygraph examiner

license who is not a resident of this state, in addition to

meeting all other requirements for a license, must file with the

department an irrevocable consent to have:

(1) an action against the applicant filed in a court of a county

or municipality of this state in which:

(A) the plaintiff resides; or

(B) a part of the transaction out of which the alleged cause of

action arose occurred; and

(2) process in the action served on the applicant by leaving two

copies of the process with the department.

(b) The consent must stipulate that service of process in the

manner described by Subsection (a)(2) is binding for all

purposes.

certified mail a copy of the process to the applicant at the

address shown on department records.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 11, eff. May 27, 2009.

Sec. 1703.207. APPLICANT WITH OUT-OF-STATE LICENSE. The

executive director may waive any license requirement for an

applicant who holds a license from another state that has license

requirements substantially equivalent to those of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 12, eff. May 27, 2009.

Sec. 1703.208. POLYGRAPH EXAMINER INTERNSHIP LICENSE. (a) A

person who holds a polygraph examiner internship license may

engage in a polygraph examiner internship.

(b) The department may issue a polygraph examiner internship

license to an applicant who applies for the license and pays the

required fee. The application must contain any information

required by the department.

anniversary of the date of issuance and may be renewed once.

(d) After the expiration of the original term of a polygraph

examiner internship license and any extension or renewal of that

license granted by the department, a trainee may not hold another

internship license before the first anniversary of the date the

trainee's previous internship license expired.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 13, eff. May 27, 2009.

SUBCHAPTER F. LICENSE RENEWAL

Sec. 1703.251. ANNUAL RENEWAL REQUIRED. A polygraph examiner

license is issued for a one-year term and may be renewed

annually.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.252. LICENSE EXPIRATION DATE. (a) The commission by

rule may adopt a system under which polygraph examiner licenses

expire on various dates during the year.

(b) For a year in which the license expiration date is changed,

license fees payable on the original expiration date shall be

prorated on a monthly basis so that the license holder pays only

the portion of the fee that is allocable to the number of months

the license is valid. On renewal of the license on the new

expiration date, the total license renewal fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 14, eff. May 27, 2009.

Sec. 1703.254. LICENSE RENEWAL RELATED TO MILITARY SERVICE. (a)

A person may renew an expired polygraph examiner license without

submitting to reexamination if:

(1) the license expired while the person was engaged in:

(A) active duty with a United States military service;

(B) service or training with the national guard; or

States, before induction into a United States military service;

and

(2) termination of the service, training, or education occurred

under an honorable condition.

(b) A person eligible for license renewal under Subsection (a)

must, before the second anniversary of the date the service,

training, or education terminates, pay to the department the

required renewal fee and certify to the department that:

(1) the person was engaged in the service, training, or

education; and

(2) termination of the service, training, or education occurred

under an honorable condition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 15, eff. May 27, 2009.

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 program is voluntary.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 16, eff. May 27, 2009.

SUBCHAPTER G. PRACTICE BY LICENSE HOLDER

Sec. 1703.301. LICENSE HOLDER INFORMATION. A polygraph

examiner shall notify the department in writing of a change in

the examiner's principal business location not later than the

30th day after the date the change is made.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 17, eff. May 27, 2009.

Sec. 1703.302. REGISTRATION WITH COUNTY CLERK. (a) A polygraph

examiner shall register with the county clerk of the county in

which the examiner maintains a business address.

(b) The county clerk of each county shall maintain a list of

each polygraph examiner registered in the county.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.303. DISPLAY OF LICENSE. A polygraph examiner or

trainee shall prominently display the person's license at the

person's place of business or place of internship, as

appropriate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.304. LICENSE REQUIRED TO MAINTAIN ACTION OR

COUNTERCLAIM. A person may not maintain an action or

counterclaim in a court in this state with respect to an

agreement for or the performance of a service for which a license

is required by this chapter, including the recovery of any

compensation under the agreement or for the service, unless the

person alleges and proves that the person was licensed at the

time of making the agreement or performing the service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.305. 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.

(b) A polygraph examiner who uses an instrument that does not

comply with the instrumentation requirements of Subsection (a) is

subject to penalties and may be enjoined in the manner provided

by this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.306. CONFIDENTIALITY OF EXAMINATION RESULTS. (a) A

polygraph examiner, trainee, or employee of a polygraph examiner,

or a person for whom a polygraph examination is conducted or an

employee of the person, may not disclose information acquired

from a polygraph examination to another person other than:

(1) the examinee or any other person specifically designated in

writing by the examinee;

(2) the person that requested the examination;

(3) a member, or the member's agent, of a governmental agency

that licenses a polygraph examiner or supervises or controls a

polygraph examiner's activities;

(4) another polygraph examiner in private consultation; or

(5) any other person required by due process of law.

(b) The department or any other governmental agency that

acquires information from a polygraph examination under this

section shall maintain the confidentiality of the information.

polygraph examination is disclosed under Subsection (a)(4) may

not disclose the information except as provided by this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 18, eff. May 27, 2009.

Sec. 1703.307. INFORMATION INCLUDED IN CONTRACT FOR SERVICES AND

WAIVER OF LIABILITY. A written contract for a polygraph

examiner's services and a waiver of liability signed by the

subject of a polygraph examination must:

(1) inform the subject of the procedures to file a complaint

against the examiner with the department; and

(2) contain the name, mailing address, and telephone number of

the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 19, eff. May 27, 2009.

SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 1703.351. LICENSE DENIAL AND DISCIPLINARY ACTION. (a) The

department may take action authorized under Subsection (b)

against an applicant or license holder who:

(1) wilfully violates this chapter or a rule adopted under this

chapter;

(2) violates Section 1703.306(a);

(3) wilfully aids or abets another to violate this chapter or a

rule adopted under this chapter;

(4) allows the person's license issued under this chapter to be

used by an unlicensed person in violation of this chapter;

(5) makes a material misstatement in an application for the

issuance or renewal of a license;

(6) makes a wilful misrepresentation or false promise or causes

the printing of a false or misleading advertisement to directly

or indirectly obtain business or trainees;

(7) fails to inform a subject to be examined:

(A) of the nature of the examination; and

(B) that the subject's participation in the examination is

voluntary;

(8) fails to inform the subject of an examination of the

examination results on request;

(9) violates Section 51.151, Family Code;

(10) wilfully makes a false report concerning an examination for

polygraph examination purposes;

(11) fails to provide within a reasonable time information

requested by the department as the result of a formal complaint

to the department alleging a violation of this chapter;

(12) demonstrates unworthiness or incompetency to act as a

polygraph examiner;

(13) is convicted of an offense that directly relates to the

duties and responsibilities of a polygraph examiner; or

(14) is found to be incapacitated as provided by the Probate

Code.

(b) On determining that an applicant or license holder has

engaged in an act listed in Subsection (a), the department shall:

(1) deny a license to the applicant;

(2) revoke or suspend the person's license; or

(3) reprimand the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 20, eff. May 27, 2009.

Sec. 1703.353. SURRENDER OF LICENSE. A license holder whose

license is suspended or revoked shall immediately surrender the

license to the department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 21, eff. May 27, 2009.

Sec. 1703.354. EFFECT OF VIOLATION ON EMPLOYER. If a polygraph

examiner or trainee engages in an unlawful act or a violation of

this chapter, the department may not revoke the license of the

polygraph examiner who employed the examiner or trainee unless

the department is satisfied that the employer wilfully or

negligently aided or abetted the examiner or trainee in the

unlawful act or violation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 22, eff. May 27, 2009.

Sec. 1703.355. ADMINISTRATIVE PROCEDURE. The administrative

procedures under Sections 51.310, 51.353, and 51.354 apply to a

disciplinary action taken under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 23, eff. May 27, 2009.

Sec. 1703.356. APPEAL. (a) An appeal of a department action

under this chapter is governed by Chapter 2001, Government Code.

(b) The standard of review is under the substantial evidence

rule.

Added by Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 24, eff. May 27, 2009.

SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1703.401. INJUNCTION. (a) If a person violates this

chapter, the department, through the attorney general, shall

apply in the state's name in district court for an order to

enjoin the violation of or to enforce compliance with this

chapter.

(b) On a finding by a district court in which a verified

petition is filed that a person has violated this chapter, the

court may issue, without notice or bond, a temporary injunction

enjoining a continued violation of this chapter. If it is

established at a hearing on the matter that the person has

violated or is violating this chapter, the court may issue a

permanent injunction to enjoin the violation of or to enforce

compliance with this chapter.

remedy or penalty provided by this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

213, Sec. 25, eff. May 27, 2009.

Sec. 1703.402. GENERAL CRIMINAL PENALTY. (a) A person commits

an offense if the person:

(1) violates this chapter other than Section 1703.306; or

(2) falsely represents that the person:

(A) has been or is a polygraph examiner or trainee; or

(B) is qualified to use an instrument to detect deception or

verify the truth of a statement.

(b) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not less than $100 or more than $1,000;

(2) confinement in county jail for a term not to exceed six

months; or

(3) both the fine and confinement.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1703.403. VIOLATION OF CONFIDENTIALITY; OFFENSE. A person

commits an offense if the person, with criminal negligence,

violates Section 1703.306. An offense under this section is a

Class B misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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