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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A fire fighter employed by the municipality may not be required to submit to a polygraph examination as part of an internal investigation regarding the conduct of the fire fighter unless:
(1) the complainant submits to and passes a polygraph examination and, if applicable, the fire department has complied with Subsection (c); or
(2) the fire fighter is ordered to take an examination under Subsection (f).
(b) Subsection (a)(1) does not apply if the complainant is physically or mentally incapable of being polygraphed.
(c) The fire department shall, on the written request of a fire fighter, provide to the fire fighter the complainant's polygraph examination results within 48 hours after the request.
(d) For the purposes of this section, a fire fighter passes a polygraph examination if, in the opinion of the polygraph examiner, no deception is indicated regarding matters critical to the subject matter under investigation.
(e) The results of a polygraph examination that relate to the complaint under investigation are not admissible in a proceeding before the commission or a hearing examiner.
(f) The fire department head may order a fire fighter to submit to a polygraph examination if the fire department head considers the circumstances to be extraordinary and the fire department head believes that the integrity of a fire fighter or the fire department is in question.
Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 143.124. Polygraph Examinations - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-143-124/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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