Texas travelers might be able to skip security pat-downs at the airport some day soon -- if some state lawmakers have their way.
State Rep. David Simpson, R-Longview, has filed a bill to prevent governmental agents, including federal Transportation Security Administration workers at the airport, from touching private areas of travelers without probable cause.He calls the measure the "Texas Travel Freedom Act.""Intrusive, physical touching of travelers' sexual organs without cause clearly violates the privacy, dignity and freedom of our citizens," Simpson said. "The Constitution protects the civil liberties of the people against government overreach -- in this case, quite literally -- and it's time to put a stop to the TSA's abuse of power."Security at the expense of liberty is no security at all, for it licenses government tyranny and abuse."The issue of TSA agents and potentially intrusive security searches became a hot-button issue at the Texas Capitol last year, during both the regular and special legislative sessions.Supporters of the measure yelled from the Senate gallery as the proposal -- supported by a variety of officials, including Gov. Rick Perry -- was on the verge of dying. And at least one state senator accused Lt. Gov. David Dewhurst of influencing members to reject the proposal after TSA officials declared their opposition.Some political observers say they don't know if the bill will have any better odds of passing next year."It likely is a popular bill with the public at large, but lawmakers and judges might regard it as interference with security measures," said Allan Saxe, an associate political science professor at the University of Texas at Arlington. "Chances of it passing are about the same as last year."The legislative session starts Jan. 8.Continuing issueLast year, the measure failed after TSA officials indicated they were ready to take legal action if the proposal become law."Should a bill pass that limits the ability of TSA and its employees to perform its responsibilities and jeopardizes the safety of the public, we will take whatever legal action is appropriate to ensure travelers are safe when they fly from Texas or any other state," according to a 2011 statement from TSA spokesman Greg Soule.At the time, TSA officials suggested they would seek an emergency stay of the measure -- if it passed and became law -- or potentially cancel flights if they couldn't ensure passenger safety.TSA screeners traditionally use security measures at airports that include metal detectors, body scanners and pat-downs to try to rule out potential travel threats."Current intelligence tells us that terrorists are seeking to use well-concealed improvised explosive devices made completely of plastics, liquids and gels, which are designed to circumvent metal detectors," the 2011 TSA statement said. "Advanced imaging technology and pat-downs are currently the most effective way to detect these type of threats."TSA officials also have said that only about 3 percent of passengers are given pat-downs.This proposal passed the Texas House during the regular session last year.But as it was on the verge of dying in the Senate, supporters marched through the Texas Capitol and yelled from the Senate gallery.At the time, state Sen. Dan Patrick, R-Houston, accused Dewhurst of influencing members to reject the proposal because of the TSA's opposition.After the bill died in the regular session, Perry added the topic to the short list of items that could be considered during the month-long special session.Different versions of the bill passed both chambers, but there wasn't enough time during the special session to come up with one version.'Heed the call'Several state officials last year gave examples of what they believed was inappropriate behavior by TSA agents.Outgoing state Rep. Barbara Nash, R-Arlington, said that she believed TSA inspectors went too far in security pat-downs. In fact, one female inspector, she said last year, felt "all the way up" the outside of her dress -- in back and front.State Rep. Lon Burnam, D-Fort Worth, was among those saying he's not sure how he feels about this proposal."I haven't decided what I'm going to do this time," he said. "I haven't had enough time to process it."Simpson's bill this year, known as House Bill 80, makes it illegal for a government agent to touch private areas of a person without probable cause -- and it prevents children from being separated from their parents or guardians.It would also prevent "harassment" of travels if they declined to let TSA agents search their bodies."Travelers' freedom and dignity are issues that we can unite behind," Simpson said. "I am hopeful that with the leadership of our state and legislators from both parties, we can intervene on behalf of our citizens and stop these unconstitutional searches without probable cause."Texans are calling for their legislators to protect them," he said. "I am confident that the Legislature will again heed the call."If the measure passes, and becomes law, it will go into effect Sept. 1.Anna M. Tinsley, 817-390-7610Twitter: @annatinsleyHave more to add? News tip? Tell us
