Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,836
6747-6996 p. ; 28 cm.View a full description of this periodical.
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Since the Department has determined that the proposed amend-
ments, new rules, and repeal will have no adverse economic ef-
fect on small or micro-businesses, preparation of an Economic
Impact Statement and a Regulatory Flexibility Analysis, as de-
tailed under Texas Government Code 2006.002, is not required.
Comments on the proposal may be submitted by mail to Caroline
Jackson, Legal Assistant Team Lead, General Counsel's Office,
Texas Department of Licensing and Regulation, P.O. Box 12157,
Austin, Texas 78711, or by facsimile to (512) 475-3032, or elec-
tronically to erule@tdlr.texas.gov. The deadline for comments is
30 days after publication in the Texas Register.
16 TAC 88.10, 88.20, 88.25, 88.70, 88.100, 88.101
The amendments and new rules are proposed under Texas Oc-
cupations Code, Chapters 51 and 1703, which authorize the
Commission, the Department's governing body, to adopt rules
as necessary to implement these chapters and any other law
establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set
forth in Texas Occupations Code, Chapters 51 and 1703. No
other statutes, articles, or codes are affected by the proposal.
88.10. Definitions.
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly shows otherwise.
(1) - (6) (No change.)
(7) Instrument--A device used to test a subject to detect de-
ception or verify the truth of a statement including by recording visu-
ally, permanently, and simultaneously a subject's cardiovascular and
respiratory patterns. The term includes a lie detector, polygraph, de-
ceptograph, or any other similar or related device used to detect decep-
tion or verify the truth of a statement.
(8) - (14) (No change.)
88.20. Licensing Requirements--Polygraph Examiner.
To be eligible for a polygraph examiner license, an applicant must:
(1) submit a completed application on a department-ap-
proved form;
(2) pay the fee required under 88.80;
(3) provide a copy of an insurance policy, surety bond or
bond continuation certificate required under 88.40;
(4) either:
(A) hold a baccalaureate degree from a college or uni-
versity; or
(B) have active investigative experience during the five
(5) years preceding the application;
(5) graduate from a department-approved polygraph
school and satisfactorily complete a six (6) month polygraph examiner
internship;
1(A gr.aite. from a departmentapprved - .e.. gph
I(B) satisfactorily complete a tweve (4-2) month poly-
graph Xaminer infemship.
(6) pass a written and practical examination required under
88.29; and(7) successfully pass a criminal background check.
,88.25. Continuing Education.
(a) Terms used in this section have the meanings assigned by
Chapter 59 of this title, unless the context indicates otherwise.
(b) To renew a license as a polygraph examiner, a licensee
must complete six hours of continuing education in courses approved
by the department.
(c) The continuing education hours must have been completed
within the term of the current license, in the case of a timely renewal.
For a late renewal, the continuing education hours must have been com-
pleted within the one year period immediately prior to the date of re-
newal.
(d) A licensee may not receive continuing education credit for
attending the same course more than once.
(e) To be approved under Chapter 59 of this title, a provider's
course must be dedicated to instruction in one or more of the following
topics:
(1) Texas Occupations Code, Chapter 1703, polygraph ex-
aminers;
(2) Title 16, Texas Administrative Code, Chapter 88, Poly-
graph Examiners Administrative Rules;
(3) other laws and rules that regulate the conduct of poly-
graph examiners;
(4) polygraph examiner-related laws, such as history and
development of polygraph, legal and ethical aspects of polygraph,
physiology, psychology, interrogation and interviews, chart interpre-
tation, question formulation and test construction, instrumentation
supervised testing and interviewing, and counseling and critique; and
(5) business practices, such as insurance, polygraph exam-
iner ethics, contracts, maintenance of trust accounts, and marketing.
(f) This section shall apply to providers and courses for poly-
graph examiners upon the effective date of this section.
(g) This section shall apply to polygraph examiner licenses is-
sued under Texas Occupations Code, Chapter 1703, Subchapter E that
expire on or after December 1, 2014.
(h) A licensee whose license has been placed on inactive sta-
tus, pursuant to Texas Occupations Code 51.4011 is not required to
complete continuing education as required by this section until the li-
censee seeks to change to "active" status.
88.70. General Responsibilities--Sponsor
(a) - (e) (No change.)
(f) The sponsor must prepare and keep a monthly report of
all polygraph related work conducted by the trainee and all training
materials [currieul-um] used in the course of supervised instruction. The
report must contain the following information:
(1) For examinations directly observed by the sponsor:
(A) the examination date;
(B) the examinee's name;
(C) the employer's name (if applicable);
(D) the technique and type of instrument used;
(E) the type of test; and
(F) the result of test.38 TexReg 6836 October 4, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/90/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.