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

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.