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### 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 ofthe polygraph intern applicant. Webelieve 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 asfollows: 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 ofthe 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, 11at 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

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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. 5391.3(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 5391.7. 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 0391.3( 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 ofthe board or amember ofthe board’s staff. Id 8391.4(8); see V.T.C.S. art. 4413(29cc). 5 8(a)(4); 22 T.A.C. 8391.4(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 ofthe date the person ceased to be a member ofthe board.

‘Ifthepersonseekinga licenseas apolygraph examinerhasgraduated

fromaboard-approved polygraph

examiners’

coumc,thepersonsatisfactorily mustcomplete

aninternship

training program ofno lessban six monthsin duration. V.T.C.S.art.4413(29@, 58(a)(3). If,ontheotherhand,thepenon hasnol graduated

fromanapproved

polygraph

examiners’

oxuse, heorshesalisfactorily mustmmpl*e aninternship

trainingprogram

ofnole.ss thanou~lve

monthsinduration.Id.

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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 ofthe date the person ceased to be a member ofthe board.

DAN MORALES Attorney General ofTexas 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

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