Texas Occupations Code Title 10, Chapter 1703 - Polygraph Examiners

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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.
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B POLYGRAPH ADVISORY COMMITTEE

• Texas Section 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....
• Texas Section 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:...
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER E LICENSE REQUIREMENTS

• Texas Section 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...
• Texas Section 1703.201 - License Required
  (a) A person may not use or offer to use, for compensation or for a law enforcement purpose, an instrument, including a polygraph, to detect...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 1703.207 - Waiver Of License Requirements For Applicant With Out-of-state License Or Other Recognized Education Or Experience
  The executive director may waive any license requirement for an applicant who: (1) holds a license from another state that has license requirements substantially equivalent...

SUBCHAPTER F LICENSE RENEWAL

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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:...

SUBCHAPTER G PRACTICE BY LICENSE HOLDER

• Texas Section 1703.255 - Continuing Education
  (a) The department may recognize, prepare, or implement continuing education programs for polygraph examiners. (b) Participation in a continuing education program is mandatory. (c) The...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 1703.305 - Instruments And 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...
• Texas Section 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...

SUBCHAPTER H LICENSE DENIAL AND DISCIPLINARY PROCEDURES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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....

SUBCHAPTER I PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...

Last modified: September 28, 2016