Sec. 1701.306.  PSYCHOLOGICAL AND PHYSICAL EXAMINATION.  (a)  The commission may not issue a license to a person unless the person is examined by:
(1)  a licensed psychologist or by a psychiatrist who declares in writing that the person is in satisfactory psychological and emotional health to serve as the type of officer for which a license is sought; and
(2)  a licensed physician who declares in writing that the person does not show any trace of drug dependency or illegal drug use after a blood test or other medical test.
(b)  An agency hiring a person for whom a license is sought shall select the examining physician and the examining psychologist or psychiatrist.  The agency shall prepare a report of each declaration required by Subsection (a) and shall maintain a copy of the report on file in a format readily accessible to the commission.  A declaration is not public information.
(c)  The commission shall adopt rules that:
(1)  relate to appropriate standards and measures to be used by a law enforcement agency in reporting the declarations made under Subsection (a);  and
(2)  provide for exceptional circumstances in the administration of the examination of the applicant's psychological and emotional health, including permitting the examination to be made by a qualified licensed physician instead of a psychologist or psychiatrist.
(d)  The commission may order an applicant to submit to an examination described by Subsection (a) by a psychologist, psychiatrist, or physician appointed by the commission if the commission:
(1)  has cause to believe that a law enforcement agency failed to follow commission rules relating to an examination;  or
(2)  discovers that the applicant has submitted a false declaration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1224 (S.B. 542), Sec. 2, eff. September 1, 2011.