SB2180

Regular Session

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

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Commission on Law Enforcement (TCOLE)

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.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--general Law Enforcement Occupational Regulation Occupational Regulation--other Trades & Professions Peace Officers Law Enforcement, Texas Commission On Polygraph Examinations

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 2180
89R13748 GP-F	By: Hagenbuch; Flores
	Criminal Justice
	4/3/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2180 addresses the need for standardized certification and training requirements for peace officers conducting polygraph examinations in Texas. Currently, there is no uniform certification process ensuring that peace officers who administer polygraph tests possess the necessary expertise. This lack of standardization raises concerns about the accuracy and reliability of polygraph examinations, particularly in critical areas such as preemployment screenings, criminal investigations, and post-conviction sex offender monitoring.

Current Law

Under existing Texas law, peace officers are permitted to conduct polygraph examinations, but there are no mandatory state-level certification or training requirements governing their administration. This creates inconsistencies in how these tests are performed and interpreted, potentially undermining their effectiveness in legal and employment-related decisions. While polygraph examinations are commonly used, their reliability heavily depends on the proficiency of the examiner, making standardized training essential.

Purpose

S.B. 2180 introduces a requirement that peace officers conducting polygraph examinations must undergo formal training and obtain certification through the Texas Commission on Law Enforcement (TCOLE). Specifically, the bill:

�Grants TCOLE the authority to establish training, testing, and certification standards for peace officers conducting polygraph examinations.

�Requires peace officers to complete an approved training course and pass an examination on investigative polygraphy before they can administer polygraph tests in preemployment screenings, criminal investigations, or post-conviction sex offender monitoring.

�Mandates that certified officers follow guidelines established by the American Polygraph Association when conducting post-conviction sex offender tests, ensuring adherence to best practices.

�Provides a transition period, requiring compliance with the new certification standards by January 1, 2027.

These provisions ensure that polygraph examinations conducted by peace officers meet professional and scientific standards, improving their credibility and effectiveness in law enforcement procedures.

As proposed, S.B. 2180 amends current law relating to requiring a certification for peace officers to conduct certain polygraph examinations.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on Law Enforcement in SECTION 1 (Section 1701.318, Occupations Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter G, Chapter 1701, Occupations Code, by adding Section 1701.318, as follows:

Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO CONDUCT POLYGRAPH EXAMINATIONS. (a) Authorizes the Texas Commission on Law Enforcement (TCOLE) by rule to establish minimum requirements for the training, testing, and certification of peace officers to conduct polygraph examinations for the purpose of a preemployment examination of a candidate applying for a position that requires a license under Chapter 1701 (Law Enforcement Officers), a criminal investigation, or a post-conviction sex offender test.

(b) Requires TCOLE to adopt rules prohibiting a peace officer from conducting a polygraph examination for a� purpose described by Subsection (a) unless the officer completes a training course approved by TCOLE and passes an examination administered by TCOLE that is designed to test the officer's knowledge of investigative polygraphy.

(c) Requires TCOLE to issue a certification to conduct polygraph examinations to a peace officer who applies for the certification, completes the required training, and passes the required examination.

(d) Requires a peace officer holding a certification issued under this section to conduct a test described by Subsection (a)(3) (relating to a post-conviction sex offender test) in accordance with guidelines established by the American Polygraph Association, or a successor entity.

SECTION 2. Requires TCOLE, as soon as practicable after the effective date of this Act, to adopt rules required by Section 1701.318, Occupations Code, as added by this Act.

SECTION 3. Provides that a peace officer is not required to comply with rules adopted under Section 1701.318, Occupations Code, as added by this Act, until January 1, 2027.

SECTION 4. Effective date: September 1, 2025.

Senate Authors

Sen. Brent HagenbuchRepublican · Primary Author

Joint Authors

Peter Flores (R)

House Sponsor

Rep. Carrie IsaacRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2180

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to requiring a certification for peace officers to conduct
	certain polygraph examinations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is
	amended by adding Section 1701.318 to read as follows:
	Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO
	CONDUCT POLYGRAPH EXAMINATIONS. (a) The commission by rule may
	establish minimum requirements for the training, testing, and
	certification of peace officers to conduct polygraph examinations
	for the purpose of:
	(1) a preemployment examination of a candidate
	applying for a position that requires a license under this chapter;
	or
	(2) a criminal investigation.
	(b) The commission shall adopt rules prohibiting a peace
	officer from conducting a polygraph examination for a purpose
	described by Subsection (a) unless the officer:
	(1) completes a training course approved by the
	commission; and
	(2) passes an examination administered by the
	commission that is designed to test the officer's knowledge of
	investigative polygraphy.
	(c) The commission shall issue a certification to conduct
	polygraph examinations to a peace officer who applies for the
	certification, completes the required training, and passes the
	required examination.
	SECTION 2. As soon as practicable after the effective date
	of this Act, the Texas Commission on Law Enforcement shall adopt
	rules required by Section 1701.318, Occupations Code, as added by
	this Act.
	SECTION 3. A peace officer is not required to comply with
	rules adopted under Section 1701.318, Occupations Code, as added by
	this Act, until January 1, 2027.
	SECTION 4. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2180 by Hagenbuch (Relating to requiring a certification for peace officers to conduct certain polygraph examinations.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

313 Department of Information Resources, 407 Commission on Law Enforcement

LBB Staff:

JMc, MGol, CSh, HE

Related Legislation

Explore more bills from this author and on related topics

Frequently Asked Questions

Common questions about SB2180

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. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: January 1, 2027 (Safe Harbor period ends; mandatory compliance begins).

Who authored SB2180?

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

When was SB2180 signed into law?

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

Which agencies enforce SB2180?

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

How urgent is compliance with SB2180?

The compliance urgency for SB2180 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB2180 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.