HB 1938 reads in part:
(b) An airport operator may not allow body imaging scanning equipment to be installed or operated in any airport in this state.HB 1937 includes the following:
(c) An airport operator commits an offense if the operator fails to comply with Subsection (b).
(d) An airport operator who commits an offense under Subsection (c) is subject to a civil penalty in an amount not to exceed $1,000 for each day of the violation.
(3) as part of a search performed to grant access to a publicly accessible building or form of transportation, intentionally, knowingly, or recklessly:Both bills empower the Texas Attorney General to bring suit in court.
(A) searches another person without probable cause to believe the person committed an offense; and
(B) touches the anus, sexual organ, or breasts of the other person, including touching through clothing, or touches the other person in a manner that would be offensive to a reasonable person.
(f) .... An offense under Subsection (a)(3) is a state jail felony.
The TSA will likely challenge such a law, but the Texas legislature stands on solid ground. Local governments control airports and no enumerated power in the Constitution gives the federal government the authority to regulate them. Under the Tenth Amendment, airport operation falls under state jurisdiction.
TSA regulations allow for passengers to refuse the body scans, but they must instead submit to an intrusive full-body pat down. This package addresses both issues. The HB 1938 legislation addresses the physical installation of full-body scans, and HB 1937 addresses the problematic constitutional issues of TSA security screening procedures. Random full-body scans and pat downs in the absence of probable cause arguably violates the Fourth Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...
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