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OCCUPATIONS CODE
CHAPTER 1703. POLYGRAPH EXAMINERS
SUBCHAPTER A. GENERAL PROVISIONS
 1703.001.  SHORT TITLE.  This chapter may be cited as the Polygraph Examiners Act.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 1703.003.  DEFINITIONS.  In this chapter:                                 
		(1)  "Board" means the Polygraph Examiners Board.                             
		(2)  "Department" means the Department of Public Safety 
of the State of Texas.
		(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 board 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,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 1703.005.  APPLICATION OF SUNSET ACT.  The Polygraph 
Examiners Board is subject to Chapter 325, Government Code (Texas 
Sunset Act). Unless continued in existence as provided by that 
chapter, the board is abolished and this chapter expires September 
1, 2009.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1481,  4.01, eff. Sept. 1, 2001.
SUBCHAPTER B. POLYGRAPH EXAMINERS BOARD
 1703.051.  BOARD MEMBERSHIP.  (a)  The Polygraph 
Examiners Board consists of seven members appointed by the governor 
with the advice and consent of the senate 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)  three members who represent 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:                                         
		(1)  be actively engaged as a polygraph examiner on the 
date of appointment;  and
		(2)  have been engaged as a polygraph examiner for at 
least five consecutive years before the date of appointment.
	(d)  Two board members may not be employed by the same 
person.               
	(e)  Appointments to the board shall be made without regard 
to the race, creed, sex, religion, or national origin of the 
appointee.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 1170,  32.01, eff. Sept. 1, 2003.


	 1703.052.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is 
not eligible for appointment as a public member of the board if the 
person or the person's spouse:
		(1)  is licensed by an occupational regulatory agency 
in the field of polygraph examining;
		(2)  is employed by or participates in the management 
of an agency or business entity related to the field of polygraph 
examining;  or
		(3)  has, other than as a consumer, a financial 
interest in a business entity related to the field of polygraph 
examining.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.053.  MEMBERSHIP AND EMPLOYEE 
RESTRICTIONS.  (a)  An officer, employee, or paid consultant of a 
trade association in the polygraph examining field may not be a 
member or employee of the board.
	(b)  A member or employee of the board may not be related 
within the second degree by affinity or consanguinity, as 
determined under Chapter 573, Government Code, to a person who is an 
officer, employee, or paid consultant of a trade association in the 
polygraph examining field.
	(c)  A person may not serve as a member of the board or act as 
the general counsel to the board if the person is required to 
register as a lobbyist under Chapter 305, Government Code.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.054.  TERMS;  VACANCY.  (a)  Board members serve 
staggered six-year terms.
	(b)  If a vacancy occurs on the board, the governor shall 
appoint a successor to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.055.  OFFICERS.  The board shall elect from among 
its members a presiding officer, assistant presiding officer, and 
secretary.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground 
for removal from the board that a member:
		(1)  does not have at the time of appointment the 
qualifications required by Sections 1703.051 and 1703.052 for 
appointment to the board;
		(2)  does not maintain during service on the board the 
qualifications required by Sections 1703.051 and 1703.052 for 
appointment to the board;
		(3)  violates a prohibition established by Section 
1703.053;  or            
		(4)  fails to attend at least half of the regularly 
scheduled board meetings that the member is eligible to attend 
during a calendar year.
	(b)  The validity of an action of the board is not affected by 
the fact that it is taken when a ground for removal of a board member 
exists.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.057.  PER DIEM;  REIMBURSEMENT.  (a)  A board 
member is entitled to a per diem as set by legislative appropriation 
for each day the member engages in the business of the board.
	(b)  A member may not receive reimbursement for travel 
expenses, including expenses for meals and lodging, other than 
transportation expenses as provided by the General Appropriations 
Act.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER C. BOARD POWERS AND DUTIES
 1703.101.  ADMINISTRATION OF CHAPTER.  The board shall 
contract with the department to perform the board's administrative 
functions, including the collection of all money due and the 
payment of all expenses, including board member transportation 
expenses.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.102.  FEES.  (a)  The board shall establish 
reasonable and necessary fees for the administration of this 
chapter in amounts not to exceed:
		(1)  $225 for a polygraph examiner license;                                   
		(2)  $115 for a polygraph examiner internship license;                        
		(3)  $40 for a duplicate license;                                             
		(4)  $210 for renewal of a polygraph examiner license;                        
		(5)  $40 for extension or renewal of a polygraph 
examiner internship license;  and
		(6)  $75 for a license examination.                                           
	(b)  A governmental agency that employs a polygraph examiner 
may pay the fees required by this chapter.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.103.  RULES;  FORMS.  The board shall adopt rules 
and prescribe forms to administer and enforce this chapter.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.104.  RULES RESTRICTING ADVERTISING OR 
COMPETITIVE BIDDING.  (a)  The board may not adopt rules 
restricting advertising or competitive bidding by a license holder 
except to prohibit false, misleading, or deceptive practices by the 
license holder.
	(b)  The board may not include in rules to prohibit false, 
misleading, or deceptive practices by a license holder a rule that:
		(1)  restricts the license holder's use of any 
advertising medium;          
		(2)  restricts the license holder's personal appearance 
or use of the license holder's voice in an advertisement;
		(3)  relates to the size or duration of an 
advertisement by the license holder;  or
		(4)  restricts the license holder's advertisement under 
a trade name.       

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.105.  PROOF OF BOARD SIGNATURES AND 
QUALIFICATIONS.  An order or a certified copy of an order, over the 
board seal and purporting to be signed by the board members, is 
prima facie proof that:
		(1)  the signatures are those of the board members;  and                      
		(2)  the board members are qualified to act.                                  

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.106.  ANNUAL REPORT.  Not later than January 1 of 
each year, the department shall submit to the governor and the 
presiding officer of each house of the legislature a complete and 
detailed written report accounting for all funds received and 
disbursed by the department under this chapter during the preceding 
year.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
 1703.151.  PUBLIC INTEREST INFORMATION.  (a)  The 
board shall prepare information of consumer interest describing the 
regulatory functions of the board and the procedures by which 
consumer complaints are filed with and resolved by the board.
	(b)  The board shall make the information available to the 
public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.152.  INFORMATION INCLUDED IN CONTRACT FOR 
SERVICES AND WAIVER OF LIABILITY.  Each written contract for a 
polygraph examiner's services in this state and each waiver of 
liability signed by the subject of a polygraph examination must 
contain the board's name, mailing address, and telephone number.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.153.  COMPLAINT INFORMATION.  (a)  The board 
shall keep an information file about each complaint relating to a 
license holder that is filed with the board.
	(b)  If a written complaint relating to a license holder is 
filed with the board, the board, at least quarterly and until final 
disposition of the complaint, shall notify the complainant of the 
status of the complaint unless the notice would jeopardize an 
undercover investigation.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER E. LICENSE REQUIREMENTS
 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,  1, eff. Sept. 1, 1999.                    


	 1703.202.  LICENSE APPLICATION.  An application for a 
polygraph examiner license must:
		(1)  be made to the board's secretary in writing under 
oath on a form prescribed by the board;
		(2)  be accompanied by the required nonrefundable fee;  
and                 
		(3)  include any information the board considers 
necessary to evaluate the applicant's qualifications.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.203.  QUALIFICATIONS FOR LICENSE.  (a)  A person 
is qualified for a polygraph examiner license if the person:
		(1)  has not been convicted of a misdemeanor involving 
moral turpitude or a felony;
		(2)  either:                                                                  
			(A)  holds a baccalaureate degree from a college 
or university accredited by an organization designated by the board 
that the board 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 board-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 or under 
the supervision of the board to determine the person's competency 
for a license.
	(b)  The board by rule shall establish the criteria by which 
the board evaluates an applicant's compliance with the active 
investigative experience requirement established by Subsection 
(a)(2)(B).
	(c)  The board shall provide for an examination under this 
chapter to be administered in three-month intervals.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.204.  EXAMINATION RESULTS.  (a)  The board shall 
notify each examinee of the examination results not later than the 
30th day after the examination date.  If an examination is graded or 
reviewed by a national testing service, the board shall notify each 
examinee of the examination results not later than the 14th day 
after the date the board receives the results from the testing 
service.
	(b)  If notice of the examination results graded or reviewed 
by a national testing service will be delayed for more than 90 days 
after the examination date, the board shall notify each examinee of 
the reason for the delay before the 90th day.
	(c)  If requested in writing by a person who fails the 
examination, the board shall provide to the person an analysis of 
the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 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 board 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 signed by the board members and 
issued under the board seal.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 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 board 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 board's secretary.
	(b)  The consent must stipulate that service of process in 
the manner described by Subsection (a)(2) is binding for all 
purposes.
	(c)  The board's secretary shall immediately send by 
registered or certified mail a copy of the process to the applicant 
at the address shown on board records.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.207.  APPLICANT WITH OUT-OF-STATE LICENSE.  The 
board 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,  1, eff. Sept. 1, 1999.                    


	 1703.208.  POLYGRAPH EXAMINER INTERNSHIP 
LICENSE.  (a)  A person who holds a polygraph examiner internship 
license may engage in a polygraph examiner internship.
	(b)  On board approval, the secretary of the board shall 
issue a polygraph examiner internship license to an applicant who 
applies for the license and pays the required fee at least 10 days 
before the date the internship begins.  The application must 
contain any information required by the board.
	(c)  A polygraph examiner internship license expires on the 
first anniversary of the date of issuance.  On good cause shown to 
the board, the license may be extended or renewed for not more than 
six months.
	(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 board, 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,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER F. LICENSE RENEWAL
 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,  1, eff. Sept. 1, 1999.                    


	 1703.252.  LICENSE EXPIRATION DATE.  (a)  The board 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,  1, eff. Sept. 1, 1999.                    


	 1703.253.  LICENSE RENEWAL.  (a)  A person may renew an 
unexpired polygraph examiner license by paying the required renewal 
fee to the board before the license expiration date.
	(b)  A person whose license has been expired for 90 days or 
less may renew the license by paying to the board the required 
renewal fee and a fee that is equal to half of the amount of the 
license examination fee.  A person whose license has been expired 
for more than 90 days but less than two years may renew the license 
by paying to the board all unpaid renewal fees and a fee that is 
equal to the amount of the license examination fee.
	(c)  Except as provided by Section 1703.254, a person whose 
license has been expired for two years or more may not renew the 
license.  The person may obtain a new license by submitting to 
reexamination and complying with the requirements and procedures 
for obtaining an original license.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 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 board the required 
renewal fee and provide to the board an affidavit stating 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,  1, eff. Sept. 1, 1999.                    


	 1703.255.  CONTINUING EDUCATION.  (a)  The board 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,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
 1703.301.  LICENSE HOLDER INFORMATION.  (a)  A 
polygraph examiner shall notify the secretary of the board 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.
	(b)  Failure to notify the secretary as required by 
Subsection (a) results in automatic suspension of the examiner's 
license.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 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 board 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,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
 1703.351.  LICENSE DENIAL AND DISCIPLINARY 
ACTION.  (a)  The board shall 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 board's secretary as the result of a 
formal complaint to the board alleging a violation of this chapter;
		(12)  demonstrates unworthiness or incompetency to act 
as a polygraph examiner;
		(13)  is convicted of a misdemeanor involving moral 
turpitude or a felony;  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 board shall:
		(1)  refuse to issue a license to the applicant;                              
		(2)  revoke or suspend the person's license;  or                              
		(3)  reprimand the person.                                                    
	(c)  The board may probate a license suspension.                               

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.352.  ADMINISTRATIVE HEARING.  (a)  If the board 
proposes to refuse to issue a license to a person or to suspend or 
revoke a person's license, the person is entitled to a hearing 
before the board.
	(b)  A proceeding for the refusal, suspension, or revocation 
of a license is governed by Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 1703.353.  SURRENDER OF LICENSE.  (a)  A license 
holder whose license is suspended or revoked shall immediately 
surrender the license to the board's secretary.
	(b)  The board's secretary shall restore a suspended or 
revoked license to the license holder on the board's written 
recommendations.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    


	 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 board may not revoke the license of 
the polygraph examiner who employed the examiner or trainee unless 
the board 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,  1, eff. Sept. 1, 1999.                    


	 1703.355.  JUDICIAL REVIEW.  (a)  A person may appeal 
an action of the board, including the refusal to issue a license to 
the person or the suspension or revocation of the person's license, 
by timely filing a petition in a district court in the county in 
which the person resides or in Travis County.
	(b)  An appeal of a board action is governed by Chapter 2001, 
Government Code.

Acts 1999, 76th Leg., ch. 388,  1, eff. Sept. 1, 1999.                    
SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROVISIONS
 1703.401.  INJUNCTION.  (a)  If a person violates this 
chapter, the board's secretary, on direction of a majority of the 
board and 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,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.                    


	 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,  1, eff. Sept. 1, 1999.