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Signed Into Law
Signed May 30, 2025Effective 2025-09-01
SB2180

Regular Session

Relating to requiring a certification for peace officers to conduct certain polygraph examinations.

Government Affairs & Regulatory Compliance Analysis

SB2180: Government Affairs Overview

SB2180 mandates that all peace officers conducting polygraph examinations for pre-employment screening or criminal investigations must hold a specific certification from the Texas Commission on Law Enforcement (TCOLE). This legislation removes general peace officer authority for polygraphs; agencies and private entities utilizing off-duty officers must ensure their examiners obtain this specialized credential before the 2027 deadline to avoid evidence suppression and liability.

Sen. Brent Hagenbuch·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01

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SB2180
Moderate
Relating to requiring a certification for peace officers to conduct certain polygraph examinations.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
TCOLE
Primary Author: Sen. Brent Hagenbuch
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: January 1, 2027 (Safe Harbor period ends; mandatory compliance begins).
  • Agency Rulemaking: TCOLE is required to adopt rules establishing training and examination requirements "as soon as practicable" after September 1, 2025. Expect a regulatory gray zone between late 2025 and mid-2026 while curriculum is finalized.

Immediate Action Plan

  • Audit: Conduct a credential audit of all current in-house and contracted polygraph examiners by Q4 2025.
  • Budget: Allocate funds in the FY2026 budget for examiner training and certification fees.
  • Monitor: Assign a compliance officer to track TCOLE agenda items regarding Section 1701.318 rulemaking to catch the release of the approved curriculum.
  • Update: Revise job descriptions for "Polygraph Examiner" and "Detective" roles to include this certification as a mandatory requirement effective Jan 1, 2027.

Operational Changes Required

Contracts

  • Vendor MSAs: If you contract with private security or investigation firms utilizing peace officers, amend Master Services Agreements to require a warranty that all assigned examiners hold the Section 1701.318 certification.
  • Inter-local Agreements: Update MOUs with neighboring jurisdictions for shared resources. Explicitly state that borrowed polygraph examiners must possess the specific TCOLE certification to prevent chain-of-custody or evidentiary challenges.

Hiring/Training

  • Roster Audit: Immediately audit all internal and contracted polygraph examiners. Distinguish between those with general experience and those prepared to sit for the TCOLE exam.
  • Training Logistics: Anticipate a bottleneck in training availability in 2026. Schedule officers for the first available TCOLE-approved courses once the curriculum is published.
  • Pre-Employment Screening: HR departments must update hiring protocols for police candidates. Polygraphs administered by non-certified officers after Jan 1, 2027, will be legally insufficient for background check compliance.

Reporting & Record-Keeping

  • Verification Source: Do not rely on physical certificates alone. Verify credentials via the TCOLE Personal Status Report (PSR).
  • Documentation: Maintain a specific compliance file for each examiner containing proof of the specific Section 1701.318 training course completion and TCOLE examination results.

Fees & Costs

  • Budgeting: While the state anticipates low fiscal impact, agencies must budget for training tuition and potential overtime/backfill costs during officer training periods in the FY2026 budget cycle.

Strategic Ambiguities & Considerations

  • Reciprocity for Past Training: The statute requires completion of a training course *and* an exam. It is currently undefined whether TCOLE will accept prior graduation from accredited polygraph schools (e.g., APA accredited) to satisfy the training requirement, or if veteran examiners must attend a new, specific Texas curriculum.
  • Internal Affairs Scope: The law specifies "criminal investigations." TCOLE rulemaking must clarify if this applies to administrative Internal Affairs inquiries that have the *potential* to become criminal, affecting how "Garrity" warnings are applied.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 10, 2025
Passed Senate
Apr 16, 2025
Passed House
May 20, 2025
Signed
May 30, 2025
Effective
Sep 1, 2025
TopicsCriminal ProcedureCriminal Procedure--generalLaw EnforcementOccupational RegulationOccupational Regulation--other Trades & ProfessionsPeace OfficersLaw Enforcement, Texas Commission OnPolygraph Examinations
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Senate Authors

Sen. Brent HagenbuchRepublican · Primary Author
Joint Authors

House Sponsor

Rep. Carrie IsaacRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB2180

Q

What does Texas SB2180 do?

SB2180 mandates that all peace officers conducting polygraph examinations for pre-employment screening or criminal investigations must hold a specific certification from the Texas Commission on Law Enforcement (TCOLE). This legislation removes general peace officer authority for polygraphs; agencies and private entities utilizing off-duty officers must ensure their examiners obtain this specialized credential before the 2027 deadline to avoid evidence suppression and liability.

Q

Who authored SB2180?

SB2180 was authored by Texas Senator Brent Hagenbuch during the Regular Session.

Q

When was SB2180 signed into law?

SB2180 was signed into law by Governor Greg Abbott on May 30, 2025.

Q

Which agencies enforce SB2180?

SB2180 is enforced by Texas Commission on Law Enforcement (TCOLE).

Q

How significant are the changes in SB2180?

The regulatory priority for SB2180 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB2180?

The cost impact of SB2180 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB2180 address?

SB2180 addresses topics including criminal procedure, criminal procedure--general, law enforcement, occupational regulation and occupational regulation--other trades & professions.

Q

What are the key dates for SB2180?

Key dates for SB2180: Effective date is 2025-09-01. Rulemaking: Adopt rules establishing minimum requirements for training, testing, and certification of peace officer polygraph examiners. (As soon as practicable after 2025-09-01). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB2180?

SB2180 establishes the following penalties: administrative penalty of License sanction / Disqualification of exam results for Conducting a polygraph examination for pre-employment or criminal investigation purposes without TCOLE certification after January 1, 2027.. Consult with legal counsel for specific applicability to your situation.

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JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026