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Sbtate of 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 polygraph examiner has graduated from a board-approved 

polygraph examiners’ coumc, the person satisfactorily must complete an internship training program of 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 graduated from an approved polygraph examiners’ oxuse, he or she salisfactorily must mmpl*e 

an internship training program of no le.ss than ou~lve months in 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