HBA-TYH H.B. 1367 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1367
By: Tillery
Urban Affairs
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the fire department head to order a fire fighter to
submit to a polygraph examination if a complainant lodging a complaint
against the fire fighter first takes and passes a polygraph examination or
if the department head considers the circumstances to be such that the
integrity of the fire fighter or fire department is in question.  H.B. 1367
establishes the situations under which a fire fighter may be ordered to
take a polygraph examination, limiting involuntary polygraph examinations
of fire fighters to those cases in which the complainant has submitted to
and passed a polygraph examination. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 143.124(a), Local Government Code, to delete
text referring to a fire fighter being ordered by the fire department head
(head) to take an examination as a circumstance under which a fire fighter
may be required to submit to a polygraph examination. 

SECTION 2.  Repealer: Section 143.124(f), Local Government Code.  The
subsection authorizes the head to order a fire fighter to submit to a
polygraph examination if the head considers the circumstances to be
extraordinary and believes that the integrity of a fire fighter or the fire
department is in question. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.