Texas Legislation Proposes Felony Charges for TSA Agents

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cross-posted from the Texas Tenth Amendment Center

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.

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…

Brian Roberts contributed to this report.

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CLICK HERE – to track legislation rejecting TSA scanners, searches, etc.

About Mike Maharrey

Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He proudly resides in the original home of the Principles of '98 - Kentucky. See his blog archive here and his article archive here. He also maintains the blog, Tenther Gleanings.

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102 comments
prustage
prustage

Its not often you see Texas doing something right but this is definitely good news.

lours
lours

i don't like how people feel so protective of their bodies that this search must be criminal. people need to be humiliated more because they are too proud.

steveaustin1971
steveaustin1971

Pride is not a bad thing, unless you are trying to oppress someone. Shame is a tool of oppression. Now go back and read your "good" book again.

Independent
Independent

What if an Airline as a condition of flying on their jets wants it? I like the intent of the bill, but it restricts private airports and private airlines from installing the scanners. I see these as no problem as long as it is a mutual agreement between the groups involved. I personally won't buy a ticket from any airline that would opt to do this, but some people may want to fly on flights where everyone was scanned, why infringe on their right to choose an airline that would provide this service for them?

Dave
Dave

Any airport can fire TSA at any time and replace them with private security. I'm sure the States would have more control over private security.

kebozarth
kebozarth

Our local County Sheriffs has ultimate right, power and authority over our federal government and State in their County jurisdiction.

Notwithstanding aforesaid proposed Texas legislation to arrest TSA's outrageous and unconstitutional activity by the TSA, our Country Sheriffs can stop this nonsensein their own Counties if they will exercise their courage and authority to order the TSA to cease and desist and order the TSA out of his County.

JoeShmo
JoeShmo

people just think o my rights are this and that well ill give up my right to be seen naked so i can travel safely, and if you dont like the searches and machines DONT FLY its that easy drive ur car because some people who fly want to feel safe and protected and dont mind the very very brief embarrassment. Thats why i think machines are great now the searches i wouldnt like so much but if everyone gets the machines then you stand there with one person in a hidden room seeing you naked. wow its a wonder why we didnt have these before o yeah we thought it was safe just to walk through a metal detector GUESS NOT

Big George
Big George

Joe319, er, JoeShmo...If you are too scared...DON'T FLY. If you live in fear always...DON'T GET IN A CAR! If you truly believe there are nasty terrorists out to get you...DON'T GO TO THE STORE, OR THE MALL, places in any given moment have more people present than your average 757. If you are so paranoid of the outside world and demand scans, gropes and inspections to ensure you FEEL safe...STAY HOME!

BTW: The terrorists know where you live ;-)

SomeGuy
SomeGuy

This is all stupid people who say this is unconstitutional are idiots i would much rather walk through a machine that shows me naked than me get on a plane and it come down because some asshole is embarrased how he looks naked

rhino
rhino

Juvanya is a fat liberal looser with nothing but time on its hands. You have no clue what you're talking about. You're welcome for the freedom to be an ass. Nobody here has clue one. Yeah. I'm sure the love having to touch your nasty, fat, pock marked asses. I'm sure its the highlight of their day to once again stick their hands into your nasty drawers. How many times does it take for someone to hear take your liwuids out before they get the hint. I swear if I hear one of your asses say something in line while I'm waiting for your ignorant ass to get a clue. I will chew your ass. I don't leave shit in my pockets. I never get touched. I think you people like to bitch. And lastly. This dork in texas, only made this bill because his family was too ignorant to follow directions. If he wasn't personally involved, he'd give a shit. Dhs is the serpents head. Tsa is told what to do. Congress tells dhs what to do. Quit yelling at the poor schmucks that are just doing their jobs. They don't want to touch you. Nobody does.

John MacNeill
John MacNeill

Let's see every member of the government and their families, from the President on down go through "enhanced pat-downs" every time they travel. After all, you can never be too safe. And what about all those private corprate jets? Public pat-downs and pronoscans for them too.

Mike Taylor
Mike Taylor

Now, you have to understand that the only way that the scanners and/or pat downs are going to work is if EVERYONE has to go through one. Whether you get scanned or go through the metal detector is random here in Texas, I guess depending on how busy they are. Seems to be the same elsewhere as well. I agree, security theater, too little too late, pork, yadda yadda. Anyone who thinks that this is just because it's Texas has got to be kidding. Have any of you traveled lately? Are you that oblivious? The machines where rammed down everyone's throats. We paid for them - the taxpayers. It does not make us safer. It is a waste of time, effort and money. Better training for the TSA is the only way that it could be made better - there are techniques that screeners can use that help them identify people that may be hiding something or not be all that they seem.

the troll comments are nice - don't you guys have anything better to do?

Victor
Victor

The TSA is specificly designed to lull the American Public into passively accepting random, pointless, searches at the whim of the government. Look at them. TSA screeners are being trained to be smiling and polite. WHY? To appear benign and unthreatening as they strip you of your Freedom. The reason they came up with an underwear bomber is the same reason they came up with a shoe bomber. First they wanted to get into your shoes and then they wanted to get into your underwear. After that they want to get into your body. But job one, day one, they want to get into your head. These are stages of humiliation designed to strip you of your dignit. yLook at their faces, if YOU seriously believed the next passenger might be an armed and murderously suicidal killer, would you be all relaxed and cheery? If you seriously believed that the next suitcase you open may blow you to Kingdom Come, would you be a Perky Pixie? If you do NOT believe that ......... WHY ARE YOU HERE!?

Connie
Connie

Dogs do a much better job, of course, Michael Chertoff et al won't get rich! That's why they don't use them.

Jay
Jay

"And exactly why will plane(s) fall from the sky if our rights aren't violated?" You ask? Because this New World Order government will cause airplanes to fall from the sky in order to prove that we have too much freedom and need the TSA to molest us. That's why. Just like all the rest of the terrorism the U.S. government carries out around the world to place blame and to gain public support for its wars of conquest and occupation. One of the oldest tricks in the book.

TeamSexualAssault
TeamSexualAssault

You all just watch, if the Texans are able to ban TSA from their airports, it won't be long before a "terrorist" "attempts" to set fire to a plane (or actually does it), so the FedGov and TSA can say "I told you so". Very easy for them to orchestrate a false flag op to send the message. How will Texas respond to that? That's the problem, because they'll go to any lengths to move their agenda forward. I think we all instinctively know this, so does anyone have any solutions for such an event?

A commentator
A commentator

Dear commentators: Terrorists don't hang out wearing signs with "Hi, I'm a suicide bomber". And most of the 9/11 attackers wore Western dress, so using "Muslim clothing" won't work either.

Would your profiling have caught black guy? Because that's what the pants-bomber was.

Not that the TSA is terribly effective, but profiling isn't the answer. (neither is the Isreali method, unless TSA agents that are allowed to blow up your laptop sound like a good time to you)

To the article: The 4th amendment case is much, much stronger. Most flights at TSA-staffed airports are going to be inter-state, meaning even under a strict interpretation the commerce clause applies.

juvanya
juvanya

lmao I didnt know he boarded there, thats a good fact to know thanks. Just shows what bullshit the pornoscanners are.

Joseph L Cooke
Joseph L Cooke

Great idea.
[youtube U9bszpoyyGk http://www.youtube.com/watch?v=U9bszpoyyGk youtube]

Lydia Tiger
Lydia Tiger

That's a beautiful video. I'm not promoting violence, but this is not rocket
Science is it? I just can't believe we let it get this far. I'm outraged! We should stage a protest.
Everyone should should show up naked at the airports. I'll wear my trench coat and
Stilettos. We'll have a party when we get where we land...lol the whole thing is ludicrous!

Lydia Tiger
Lydia Tiger

What kind of Rampant Stupidity is this??? Has anyone ever seen how well Bacardi 151 burns? All that shit and more is available at duty free!!!! This is a scam of epic proportions folks. They are selling fear.
Stupidity gone rampant while the real criminals are stuffing their Pockets with hard earned tax payer dollars. What a joke!!!!! America should be angry!!!!

Trad
Trad

"Don't Mess with Texas!"

Lilly
Lilly

I don't want to live in a country when police mindlessly abuse citizens. If our government was concerned about Islamic terrorism, they would have shut off the borders to Islamic terrorists passing through neighboring Nations. They are interested in harassing Americans and expanding their power over us. They changed their mission from going after Islamic terrorists to going after "domestic terrorists" - which is everyone. They are like an occupying force!

There are ways to detect bombs without molesting every man, woman and child showing up to travel and shop in the US. They have more extreme measures of harassment and abuse yet to come. We have to stop them.

sean
sean

The funny thing is, that even WITH "terrorists" bringing down planes, air travel is STILL the safest mode of travel. More people die in alcohol related traffic accidents than do in plane crashes. It's all to condition your mind for the next step...Papers please !!

joey
joey

Last time I flew, I noticed that the ONLY people selected to go through the full-body scanners were young, attractive, and well-built women. Not even necessary to comment about that.

As the recent experience with the box-cutters show, TSA has little effect on safety or security. By their own tests, TSA examiners fail 70% of the time to detect weapons that testers smuggle through security.

Those who feel that it's worth it to submit to these ridiculous regualtion in return for safety completely ignore that fact that TSA is NOT making things safer. TSA is simply the modern day equivalent of the Gestapo.

Passengers must responsible for their own safety -- ie, they have to be willing to beat the snot out of anyone who is trying to light the fuse on their shoes!

Texas Red Neck
Texas Red Neck

The govt. will go out of its way to harass 80 year old grandma's and 18 month old babies but they are terrified of offending any muslims, you know, the ones that have declared that they will kill all Americans. The TSA has to go THEY are the real terrorist. The American people can put an end to the govt.'s thugs by not flying for one month, this would bring about a complete change to this illegal searching of innocent people. We have all been declared guilty by the govt. and must prove that we are innocent. Fight back stop flying until this illegal assualt stops.

If we don't stop this now it will only lead to more serious erosions of our God given rights as American citizens. We are becoming a third world country and the laughing stock of the entire world.
Demand that OUR govt. abolish the TSA and stop treating us like terrorist NOW. Contact your elected officals and tell them you've had enough, they were elected to do our will, tell them no more illegal searches and assaults. Stop treating American citizens like terrorist.

Nightwriter
Nightwriter

I would rather face another terrorist attack that a TSA agent at the airport! If we could use common sense and PROFILE we wouldn't all have to suffer this indignity. I am NOT going to be radiated or molested because I want to travel. I am NOT going to give up my freedom because some muslim terrorist decides he hates all Americans. If and when we get hit again, we have no one to blame but the politically correct liberal communist fools in DC! That is who I am going after first!

Kris
Kris

Gasp, my good sir, gasp. Profiling? You suggest profiling? I have only one thing to say to that...
Dat's racist.
But seriously, I wish people didn't think profiling is a bad thing. We all do it, every single person on this earth profiles. What happens when we can't profile is that everybody suffers. What happens if police can't profile a criminal? Instead of people looking for a midget that looks like Richard Nixon, police will have to molest every person they come across.

Big George
Big George

Roger Bredow :This will last until plane start falling from the skies. Texas has the longest unprotectted border.
Roger, Roger, Roger...tsk tsk tsk. Such a paranoid comment. Recently I was in Mexico, you know, that country with all those terrorists you fear...Never...and I will repeat NEVER was there a pornoscan, or granny groping and you know something? Not one plane blew up! Hard to imagine for you Roger.
And this just might blow your mind more: We did NOT have to remove our shoes. And you know something? Not one "shoe bomber"!!!
And another thing: No limit to liquids. My wife brought with her the equivalent of a small drug store cosmetics department. And guess what? The planes arrived safely...NO bombs.
Hard for a paranoid individual to comprehend...it might cause a few headaches.
If it will make you happy, it might be a good idea to have the gropers and scanners available as an option for those who are living in fear, just so you will FEEL safe.
Great for Texas. Now let us have Texans on board with their arms and then we KNOW we are safe.
For now Roger, walk, bike or skateboard...oops...there is a terrorist from Mexico behind every tree.
Better yet. STAY HOME!

Kris
Kris

George, George, George...tsk tsk tsk. Type in a less annoying fashion please. It's hard to care about what you say when you introduce yourself as a pompous ass.

To be fair, who really wants to bomb Mexico? Everyone seems to want to take their hate out on the US.

Big George
Big George

Kris, Kris, Kris...tsk, tsk, tsk.
Who would want to bomb the US?
Hmmmm...another fine example: In November, during the height of the travel season, when the planes were bulging with passengers...guess what? I was in Houston, and then Los Angeles and ya know something??? The pornoscanners were SHUT OFF! and you know what else??? The TSA criminals were not doing the "pat-downs."
THIS WAS DURING THE BUSIEST DAYS of the travel season.
By yours and the others of your kind, airplanes should have been falling out of the sky like the snow they have been getting in Cleveland.

Security Theatre?
YOU BET!

Big George
Big George

Kris, Kris, Kris...tsk, tsk, tsk. Always annoyed...too bad you make those choices. Always in fear of the imagined terrorist, and now you are scarrrrrred to death of typed words. What next? The air??
Oh yeah. who would want to bomb Mexico? The same folks that want to bomb Afghanistan, or the United States.
Who would want to bomb the United States when it is filled with scared-to-death idiots?
Here are some letters: hfirksljdhfgyrhlkjhwrhiughakjhfghafha
OOOOOOHHH...more fear!

the other guys
the other guys

Kris i totally aggree i do not believe mexico is at war with terrorists and i also dont think that mexico had a 911 attack ?

Joe
Joe

Its great to see states finally standing up to and kicking down the criminally insane psychopathic government.

Eric
Eric

Can't pass it fast enough, IMO. All of this "Security Theater" is, indeed, psy-ops "training the minds of the masses", and it's total bunk. It is a largely ineffective way to try to limit travel by the citizenry. If left unchecked, will they have multiple checkpoints established on roadways next? Can you imagine having to stop several times on the way to work or to Grandma's house to have your cars searched, and have a few "patdowns" on the side of the road? What's next, "travel papers"? The nazis did this in Germany, think about it....

anonymous
anonymous

travel papers are already becoming a reality. Many states have created laws stating you MUST have identification on you at all times or be subject to arrest. Camel's nose is under the tent...

Matt
Matt

> 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.

Um no. Have you ever heard of the interstate commerce clause? The congress is *very clearly* empowered to do this, like it or not.
http://en.wikipedia.org/wiki/Commerce_Clause

MikeD
MikeD

I do not believe the commerce clause supersedes our guarantee to protection from unreasonable search and seizure provided for by the 4th Amendment to the United States Constitution.

Ben
Ben

They can certainly regulate the planes. But the business of running the actual airport, the security and the shopping and all that jazz, that is in-state. That's essentially what this bill is predicated on, and it might do you some good to think about something a little bit before trying to rebut it.

Brian
Brian

These machines are highly dangerous, and these enhanced molestations are only par for the course for the globalist plan. Can you imagine your three year old daughter having to go though an 'enhanced patdown' to get into the mall? If we dont stop this, the latter is what we all can look forward to.

Shawn
Shawn

Texas needs this to pass. These body scanners are totally illegal and the pat downs are uncostitutional. I will not be brainwashed by government false terrorism flags. No man shall forsake any freedom for security!!

LadyTigerTexas
LadyTigerTexas

I talked to a guy recently who worked in the upper echelons of all this BS and he said the security measures are for psychological purposes only, they are essentially ineffective. If someone wants to hurt US they will, period. These "security" measures are a gross violation of personal liberty. The Money spent on all this TSA CRAP could be used more effectively elsewhere. Anyone who believes otherwise is foolish. Period. The only thing that would be effective is if they had checkpoints before people reached the airport and everyone had to put on robes and spa shoes. You couldn't buy anything at duty free because it could be used as a weapon and you couldn't bring anything with you into the airport whatsoever. I personally wouldn't mind everyone getting naked ;-) oh the dread! lol

sue
sue

do you really want to see a bunch of old fat people on a plane, I don't and I'm one of them : ()

Bob Dobbs
Bob Dobbs

Science flew us to the moon. Religion flies people into buildings.

Buzzy
Buzzy

No, ISLAM flies people into buildings. The religion of peace.

Brian
Brian

If you believe the official story...

juvanya
juvanya

www.debunking911.com If you really believe the Chimp in Chief was capable of pulling that off, you need your head examined. The government and CIA are grossly incompetent fools. They havent done anything right.

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  11. [...] Michael Maharray of the Tenth Amendment Center has an article reporting: 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. [...]

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