ALERT: Texas Senate Passes TSA Anti-Groping Bill – Call Your Representatives and Encourage them to Act

Texans can’t celebrate just yet, but we may be one step closer to a victory with the TSA Anti-Groping Bill. On Monday evening, June 27, the Senate passed an amended version of SB 29 which removed most of the unacceptable language which had earlier prompted TsaTyranny.com to withdraw support of the measure.

Senator Dan Patrick introduced amendments that stripped the Senate version of the bill of much of the bad language that the House adopted earlier in the day.  This language left the bill crippled and all but unenforceable. While the anti-groping bill does not include the stronger language of “probable cause”, the Senate added wording to the existing language of “reasonable suspicion” which should more narrowly limit the scope in which this term can be employed as a condition to search. Concerns still exist over the vague insertion of “unknown” object, with the possibility of extending too much latitude to individual TSA agents to exercise discretion. However, contrary to the House version of the bill, we do believe this bill is better than no bill at all. The final Senate bill does make an invasive pat-down without reasonable suspicion illegal and a breach of constitutional protections.

Although important provisions and amendments have still been excluded, the legislation now more closely resembles its original language. Consequently, the bill now has more defined parameters with regards to when TSA agents may exercise their “search”. Neither opting out of the potentially cancer-causing nude image scanners nor refusing the enhanced pat down should be interpreted as reasonable suspicion sufficient to breach Texas travelers’ Fourth Amendment rights; however, the bill is regrettably vague regarding whether citizens who refuse such treatment will be able to fly.  This being said, if Texans are unreasonably searched as a result of opting out of TSA screening procedures, we have sufficient language for criminal prosecution with the state of Texas behind us.

Background:

On Monday afternoon, June 27, HB 41, the House version of the Anti-Groping Bill, garnered unanimous support in the Texas House of Representatives during its second reading. Texans watched as the original version of the bill received amendments which weakened its ability to protect citizens. Reports that the bill was only “symbolic” and “wholly irrelevant” as a defense against the abuses of the TSA were shared by many.  Strong language became compromised language, and the House voted to accept the proposed amendments, leaving the House bill crippled and prompting TsaTyranny.com to withdraw support from the measure.

Meanwhile in the Senate, testimony before the Transportation and Homeland Security Committee was offered on SB 29 in hopes of persuading the Senate to remove the unacceptable language which the House had included in its amendments to their version of the bill. The Senate committee heard testimony from first-time activists, advocacy groups, and prosecuting attorneys. Constitutional Attorney Don Hart urged the Transportation and Homeland Security Committee to strip language incorporated in the House amendments which “make the bill worse than no bill.”

Thankfully, the Senate took seriously many of the appeals made by you the people! They heard your concerns, they considered the infringement of our liberties, and they acted. Within eight hours of the committee hearing, Senator Patrick introduced new amendments to strip egregious language from the Anti-Groping Bill that would have rendered the legislation all but unenforceable. Patrick’s amended bill passed 19-12, and the Senate bill, while not perfect, does provide grounds within a Texas statute which should place the TSA on their heels and force them to soberly think twice before dismissing Fourth Amendment rights of Texas travelers.

When asked about the actions of the Senate, Don Hart commented, “I am grateful for the discernment demonstrated by Senators Patrick and Wentworth in recognizing the implications of language in the House amendments which would have made SB 29 almost completely unenforceable. Their leadership, and the swift action of the Senate, helped put some teeth back into SB 29.  While much work remains as we seek to protect Texans from TSA abuses, I believe these efforts are a step in the right direction.”

Read the final Senate bill – SB 29

Conclusion:

Some speculate that the House will not pass the current version of the TSA Anti-Groping bill, SB 29, given the fact that they need a 4/5ths majority to suspend the rules to pass the bill to third reading for final passage. The special session ends tomorrow, and if the bill is not passed by the end of formal business on Wednesday, it would have to be called again during another special session, or wait till the next primary session in 2013, to begin again. Given the fact that the Senate formally adjourned today, no changes or amendments can be introduced now to SB 29 by the House, or the bill automatically dies.

After consulting with various constitutional and trial attorneys, we believe this bill could be used to defend Texas travelers. And we believe it to be worth supporting. There is no doubt additional wording and amendments would substantially improve the bill, but we don’t have time for amendments during this session. If SB 29 passes in the House, we will have ammunition to put the TSA on their heels. And, we submit to you that, while imperfect, this bill defends your liberties on at least three fronts:

1. SB 29 makes it illegal for a TSA agent or agents to perform an enhanced pat-down without either your express permission or reasonable suspicion of the presence of an object.

2. SB 29 makes it illegal for the TSA to fine you if you refuse to participate in their enhanced pat-down after entering the screening process

3. SB 29 affords sanctions against a TSA agent or agents who conduct themselves in a way contrary to this statute

Additional accountability may yield further benefits by discouraging the TSA from seeking to exercise the heavy-handed discretion in other areas for fear of reprisal. We believe the results of this bill will lead to greater security from the TSA and greater preservation of our liberties.

For these reasons, and given that there is not time to propose changes or offer amendments, we recommend your support of this bill during this legislative session.

Action Point:

Contact Representatives in the House and encourage them to support the Senate version of the TSA Anti-Groping Bill, SB 29, as passed out of the Jurisprudence Committee on Tuesday, June 28.

Support this bill before the special session comes to an end. Call and urge their support for SB 29.

Find your Representative here .