QBfficeof ttp JZlttornep @enera
Sbtateof lltexas
DAN MORALES
*rTORNEY
GENERAL May 28,1993
Mr. Bryan M. Perot Opiion No. DM-223
Executiveof6cer
Polygraph Examiners Board Be: Whether ruticle 6252-9b, section 7A(a),
P.O. Box 4087 V.T.C.S.. prohibits a former member of the
Austin, Texas 78773-0001 Polygraph Examiners Board from appearing
before the board in connection with sponsoring a
polygraph intern o-362)
Bear Mr. Perot:
You have asked us to consider whether section 7A(a) of article 6252-9b,
V.T.C.S., prohibits a former member of the Polygraph Examiners Board (the “board”)
6om sponsoring a polygraph intern because sponsoring a polygraph intern would require
the former board member to apply to the board and communicate to or appear before the
board on behalf of the polygraph intern applicant. We believe that section 7A(a) precludes
such a sponsorship prior to the second anniversary of the date the person ceased to be a
boardmember.
Article 6252-9b. section 7A(a), V.T.C.S., provides as follows:
A member of the governing body or executive head of a
regulatory agency may not make, with the intent to intluence, any
communication to or appearance before an officer or employee of the
agency in which the person served, before the second anniversary of
the date the person ceases to be. a member of the governing body or
executive head of the agency, on behalf of any person in connection
with any matter on which the person seeks official action.
Section 7A(a) prohibits a former board member from appearing before or in some other
way communicating to an officer or employee of the regulatory agency the former board
member served-but only if the former board member communicates or appears with an
intent to influence the members of the governing body. Ethics Advisory Opinion Nos. 44
at 1,23 at 1, 11 at l-2 (1992). Additionally, section 7A(a) proscribes such conduct only if
the former board member communicates or appears in connection with a matter that the
person on whose behalf the former board member communicates or appears seeks official
action. Ethics Advisory Opinion No. 44 at 1.
Pursuant to section 8(a) of the Polygraph Examiners Act, V.T.C.S. article
4413(29cc), a person is qua&d to receive a license as a polygraph examiner only after,
among other things, completing a period of internship training and passing a state
p. 1165
Mr. Bryan M Perot - Page 2 (DM-223)
examination for a polygraph examinet% license under the supetvision of the board.1 See
ako 22 T.A.C. 3 391.4(l). Prior to participation in an internship program, a person must
apply to the board for an internship license. V.T.C.S. art. 4413(29cc), 5 13(a). The board
wig not approve the application for an internship license unless the applicant has
designated to ScNe as the applicant’s sponsor a Texas licensed polygraph examiner who
has held an original Texas polygraph hcense continuously for at least two years
immediately preceding the application. See 22 T.A.C. 5 391.3(H). The board may, when
it considers the applicant’s request for an internship license, require the intern applicant
and his or her proposed sponsor to appear before the board. Id 5 391.7.
The sponsor continues to communicate to and possibly to appear before the board
during the duration of the internship period. For instance, a sponsor must submit to the
board progress reports every sii days on each intern. Id 0 391.3( 15). Additionally, if
the intern fails all or part of the examination that the intern must pass before he or she is
ehgiile to receive a license, the intern and the sponsor must review the failing examination
witha member of the board or a member of the board’s staff. Id 8 391.4(8); see V.T.C.S.
art. 4413(29cc). 5 8(a)(4); 22 T.A.C. 8 391.4(l).
In our opinion, a sponsor’s communications to and appearances before the board
are intended to influence the board to take official action: first, to inthtence the board to
issue the applicant an internship license; second, to influence the board in its decision
whether to issue or ret% to issue a polygraph examiner’s license to the intern.
Accordingly, a former board member who sponsors an intern will violate article 6252-9b,
section 7A(a). V.T.C.S.. if the former board member does so before the second
anniversary of the date the person ceased to be a member of the board.
‘If the person seeking a license as a polygraphexaminer has graduatedfrom a board-approved
polygraphexaminers’coumc,the personsatisfactorilymustcompletean internshiptrainingprogramof no
less ban six months in duration. V.T.C.S. art. 4413(29@, 5 8(a)(3). If, on the other hand, the penon
has nol graduatedfrom an approvedpolygraphexaminers’oxuse, he or she salisfactorilymust mmpl*e
an internshiptrainingprogramof no le.ssthan ou~lvemonthsin duration. Id.
p. 1166
Mr. Bryan M. Perot - Page 3 (DM-223)
SUMMARY
Article 6252-9b, section 7A(a), V.T.C.S., prohibits a former
member of the Polygraph Examiners Board from sponsoring a
polygraph intern before the second anniversary of the date the person
ceased to be a member of the board.
DAN MORALES
Attorney General of Texas
WILL PRYOR
Fii Assistant Attorney General
MARYKELLER
Deputy Attorney General for Litigation
RENEA HICKS
State Solicitor
MAD- B. JOHNSON
Chair, opinion Committee
Prepared by Kymberly K. Oltrogge
Assistant Attorney General
p. 1167