Texas Attorney General Opinion: JM-976 Page: 1 of 7
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THE ATTORNEY GENERAL
JIm MATTOX November 7, 1988
Mr. Bryan M. Perot Opinion No. JM-976
Polygraph Examiners Board Re: Effect of federal Employee
P. O. Box 4087 Polygraph Protection Act on
Austin, Texas 78773 application of Texas Polygraph
Examiners Act (RQ-1485)
Dear Mr. Perot:
You request advice about the impact of the Employee
Polygraph Protection Act of 1988, 29 U.S.C. 2001-2009, on
the responsibilities of the Polygraph Examiners Board in
administering the Texas Polygraph Examiners Act, article
The Employee Polygraph Protection Act of 1988 is a
federal statute which will go into effect in December of
1988, shortly before the expiration date of Texas polygraph
licenses. V.T.C.S. art. 4413(29cc), 17 (license shall be
renewed annually); Tex. Polygraph Ex. Bd., 13 Tex. Reg. 831
(1988), adopted, 13 Tex. Reg. 2163 (1988) (amending 22
T.A.C. 395.13) (renewal date is December 31). Your
questions relate to the effect of this legislation on the
license renewal process which your board administers. The
federal act generally prohibits private employers from using
polygraph tests on employees or prospective employees.
There are limited exceptions to this prohibition, some of
which are available only if the polygraph examiner complies
with certain statutory requirements.
The Act prohibits private employers engaged in commerce
or in the production of goods for commerce from requiring
any employee or prospective employee to take a lie detector
test. 29 U.S.C. 2002. The term "lie detector" is defined
to include the following:
a polygraph, deceptograph, voice stress
analyzer, psychological stress evaluator, or
any other similar device (whether mechanical
or electrical) that is used, or the re-
sults of which are used, for the purpose *of
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-976, text, 1988; (texashistory.unt.edu/ark:/67531/metapth273414/m1/1/: accessed December 9, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.