CHAPTER 1703. POLYGRAPH EXAMINERS
OCCUPATIONS CODE
TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
CHAPTER 1703. POLYGRAPH EXAMINERS
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.
(c) A polygraph examiner member must be actively engaged as a
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).
(c) The department shall provide for an examination under this
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.
(c) The department shall immediately send by registered or
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.
(c) A polygraph examiner internship license expires on the first
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
(C) training or education under the supervision of the United
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.
(c) A polygraph examiner to whom information acquired from a
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.
(c) The department may probate a license suspension.
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.
(c) A proceeding under this section is in addition to any other
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.