Relating to requiring a certification for peace officers to conduct certain polygraph examinations.
Summary
SB 2180 amends the Texas Occupations Code to create a certification framework for peace officers who conduct certain polygraph examinations. The bill authorizes the Texas Commission on Law Enforcement (TCOLE) to set minimum standards for training, testing, and certification for officers who administer polygraphs in two settings: preemployment examinations for positions requiring a license under Chapter 1701 and criminal investigations.
Under the bill, a peace officer may not conduct one of these polygraph examinations unless the officer completes a TCOLE-approved training course and passes a commission-administered exam on investigative polygraphy. TCOLE must issue the certification to officers who meet those requirements, and the agency is directed to adopt the necessary rules as soon as practicable after the bill’s effective date. The compliance deadline is delayed until January 1, 2027, even though the act takes effect on September 1, 2025.
Impact
The bill adds Section 1701.318 to Chapter 1701 of the Occupations Code and gives TCOLE explicit rulemaking authority over polygraph training and certification for peace officers. It affects law enforcement agencies and officers who use polygraphs in hiring and criminal investigations by making certification a prerequisite for conducting those examinations. The delayed compliance date gives agencies time to adjust training and certification practices before the new requirements become mandatory.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the Legislature. It passed the Senate unanimously and cleared the House with a strong bipartisan margin, indicating general agreement that officers who conduct polygraph examinations should meet standardized training and certification requirements. The absence of committee transcript material suggests there was little recorded public debate in the available materials.
Contention
The main policy issue is whether peace officers should be allowed to administer polygraph examinations without a formal certification process, and the bill resolves that question in favor of standardized training and testing. Any concern would likely come from law enforcement agencies or officers facing added administrative and training burdens, but the voting record shows limited opposition overall. The delayed implementation date also suggests lawmakers were attentive to transition concerns for agencies that will need time to comply.
Requiring law enforcement agencies to share records with other law enforcement agencies about law enforcement officers related to criminal conduct or conduct giving rise to licensing or certification sanctions.