Federal & State Regulations | Employee Polygraph Protection Act (EPPA) - Texas

Summary of differences between federal and state regulations

Polygraph protection

Texas does not have state-level polygraph protection requirements. Private-sector employees are provided protection under federal requirements at 29 CFR Part 801.

Employees of the state are provided polygraph protection. They may not be required to or demanded to submit to a polygraph or similar test as a condition of continued employment with the state. Private-sector employees are provided protection under federal requirements at 29 CFR Part 801.

Polygraph examiners

Polygraph examiners need to be licensed by the Texas Polygraph Examiners Board. The qualifications for obtaining a license include that the person must never have been convicted of a felony or misdemeanor involving moral turpitude, have met certain education and work experience requirements, have passed a written examination administered by the Board.

Only those instruments that record visually, permanently, and simultaneously cardiovascular and respiratory response patterns can be used. Instruments can additionally record other physiological changes.