Steve Watson
Prisonplanet.com
March 4, 2011
Legislation has been introduced into the Texas House of Representatives that directly challenges the authority of the TSA in airports within the state, specifically aimed at criminalizing the use of naked body scanners and enhanced pat-downs.
Rep. David Simpson (R-Longview) introduced a set of bills earlier this week that would empower the Texas Attorney General to bring suit in court against any airport operator who installs or uses the full body imaging equipment or any operator who touches a person without consent and searches them without probable cause.
The bills, HB 1938 and HB 1937 would see criminal and civil penalties handed out to any TSA worker who was found to have contravened the laws.
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.
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.
Constitutional watchdog, The Texas Tenth Amendment Center noted that “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.”
Texas, and in particular Austin, has been at the forefront of the revolt against the TSA since it began increasing its presence in airports some eighteen months ago. In December, Austin’s Airport Advisory Commission approved a resolution advising the city council to oppose airport body scanners and invasive body searches.
The TSA has signaled its intention to install the scanners at Austin, but the date has continually been put back, with the agency saying it could now be as late as 2012 before the devices are activated.