Texas Lie Detector Tests laws & HR compliance analysis

Texas Lie Detector Tests: What you need to know

The state of Texas regulates the use of lie detector tests through the licensing of polygraph examiners. The Texas Polygraph Examiners Act regulates all polygraph examiners. The law allows only licensed polygraph examiners to conduct lie detector tests.
The license must be displayed prominently at the examiner's place of business. Polygraph examiners are required under the licensing laws to inform polygraph subjects that their participation is voluntary and to inform them of the results of the exam if they so request. The examiner is forbidden to disclose test findings to unauthorized persons (Tex. Occ. Code Sec. 1703.001et seq.).
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Before commissioning an applicant as a peace officer or employing an applicant for a police communications operator position, the state Department of Public Safety must require the applicant to submit to the administration of a polygraph examination. The examination may be administered only by a polygraph examiner licensed under the State Occupations Code who is a peace officer commissioned by the department or who has a minimum of 2 years of experience conducting preemployment polygraph examinations for a law enforcement agency. The results must be confidential, but the department and polygraph examiner may disclose the results when there is an admission of criminal conduct. The results of the polygraph examination will be used as a factor in determining the employability of an applicant.
An officer, a peace officer, or a police communications operator already commissioned by the department may not be required to take a polygraph examination.
Under the federal Employee Polygraph Protection Act of 1988(29 USC 2001et seq.), most private ...

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