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.