(a) A fire fighter employed by the municipality may not be required to submit to a polygraph examination as part of an internal investigation regarding the conduct of the fire fighter unless:
(1) the complainant submits to and passes a polygraph examination and, if applicable, the fire department has complied with Subsection (c); or
(2) the fire fighter is ordered to take an examination under Subsection (f).
(b) Subsection (a)(1) does not apply if the complainant is physically or mentally incapable of being polygraphed.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Texas Local Government Code 143.124

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The fire department shall, on the written request of a fire fighter, provide to the fire fighter the complainant’s polygraph examination results within 48 hours after the request.
(d) For the purposes of this section, a fire fighter passes a polygraph examination if, in the opinion of the polygraph examiner, no deception is indicated regarding matters critical to the subject matter under investigation.
(e) The results of a polygraph examination that relate to the complaint under investigation are not admissible in a proceeding before the commission or a hearing examiner.
(f) The fire department head may order a fire fighter to submit to a polygraph examination if the fire department head considers the circumstances to be extraordinary and the fire department head believes that the integrity of a fire fighter or the fire department is in question.