HBA-DMD H.B. 3175 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3175
By: King, Phil
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Over 600 law enforcement agencies in 40 states utilize voice stress
analysis instrumentation to solve serious crimes. Texas is one of ten
states that preclude its use due to the Polygraph Examiners Act, which
prohibits any technology that purports to detect deception or to verify the
truth of statements through the use of instrumentation.  H.B. 3175 makes
licensed peace officers, who are certified voice stress analyzer examiners
that utilize a computerized voice stress analyzer in an official criminal
investigation, an exception to the requirement that the Polygraph Examiners
Act regulate all persons who purport to be able to detect deception or to
the verify truth of statements through the use of instrumentation. 

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 2, Article 4413(29cc), V.T.C.S. (The Polygraph
Examiners Act),  to make licensed peace officers, who are certified voice
stress analyzer examiners that utilize a computerized voice stress analyzer
in an official criminal investigation, an exception to the requirement that
this Act be liberally constructed to regulate all persons who purport to be
able to detect deception or to verify truth of statements through the use
of instrumentation. 

SECTION 2.Emergency clause.
  Effective date: 90 days after adjournment.