HBA-TBM H.B. 817 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 817
By: King, Phil
Public Safety
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law prohibits the use of any technology which purports to
detect deception except polygraphs.  Texas law enforcement officers are
limited to using polygraphs as their only truth verification instrument
despite the fact that the United States Congress deemed the polygraph so
unreliable it presented a danger to employees in the private sector.  The
computerized voice stress analyzer (CVSA) detects changes in a person's
voice caused by stress and is currently being used by more than 600 law
enforcement agencies.  The CVSA may be more reliable than polygraphs, and
it is also portable, causes no discomfort to the person being tested, can
work with audio and video tapes, and does not produce the inconclusive
results common to polygraphs.  House Bill 817 authorizes licensed peace
officers to utilize voice stress analysis technology while conducting
official criminal investigations.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 817 amends the Occupations Code to provide that a licensed peace
officer who is a certified voice stress examiner is not required to hold a
polygraph examiner license to use a computerized voice stress analyzer
during a criminal investigation.  The bill provides that the certification
to use a voice stress analyzer must be made by the company that
manufactured the voice stress analyzer or the governmental entity who
appointed or employs the peace officer.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.