New Legislation says “No!” to TSA in Texas

[Grandpa +65]

New Legislation says “No!” to TSA in Texas



Written by: Brian Roberts


Rep. David Simpson (R-Longview) introduced a package of bills into the Texas House of Representatives on Tuesday that would challenge the TSA’s authority in a number of ways. The first bill, HB 1938, prohibits full body scanning equipment in any Texas airport and provides for criminal and civil penalties on any airport operator who installs the equipment. The second bill, HB 1937, criminalizes touching without consent and searches without probable cause.
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.
(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.
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HB 1937 includes the following:

(3) as part of a search performed to grant access to a publicly accessible building or form of transportation, intentionally, knowingly, or recklessly:
(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.
​

Both bills empower the Texas Attorney General to bring suit in court.
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…

http://texas.tenthamendmentcenter.com/2011/03/new-legislation-says-no-to-tsa-in-texas/
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[thunderworm]

sweet. hope it passes

 

[dispatchguy]

+1000000000000000000000000000 !

 

[cheyflyer]

Thats Awesome,... I miss Texas, I need to move back!

 

[Fubijaakr]

Unfortunately, as Arizona is finding out with its "immigration" laws, individual states cannot pass laws that contravene Federal Law. The last time I checked, the TSA was a federal law enforcement agency.

Nice try though.

 

[Hair-on-Fire]

Political theater for mouth-breathers.

 

[1st Rate]

Good for Texas!

 

[ACL65PILOT]

The US government will respond by treating any flight from Texas to another state as a International flight. When each and every person needs to be re-screened at the new airport, passengers that fly in from Texas will be quite irked.

If this passes I expect the above to be the response we see.

 

[Kharma Police]

The US government will respond by treating any flight from Texas to another state as a International flight. When each and every person needs to be re-screened at the new airport, passengers that fly in from Texas will be quite irked.

If this passes I expect the above to be the response we see.

This is almost as stupid as when some U.S. Congressmen tried to pass legislation changing the name of, "French Fries" to "Freedom Fries. Once the Feds are done laughing they will pull out the Constitution and read, article VI, paragraph 2.

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

 

[Redmeat]

Arizona and Texas...the only two states left in the Union that have a populace with sufficient intestinal fortitude to give Washington the middle finger when they feel in their gut something is not right.