| 1 | 1 | | 82R20294 JRH-F |
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| 2 | 2 | | By: Simpson, Rodriguez, Menendez, Kolkhorst, H.B. No. 1938 |
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| 3 | 3 | | Chisum, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 1938: |
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| 5 | 5 | | By: Fletcher C.S.H.B. No. 1938 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the regulation of body imaging scanning equipment in |
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| 11 | 11 | | airports; providing criminal and civil penalties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 22, Transportation Code, |
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| 14 | 14 | | is amended by adding Section 22.902 to read as follows: |
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| 15 | 15 | | Sec. 22.902. BODY IMAGING SCANNING EQUIPMENT. (a) In this |
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| 16 | 16 | | section: |
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| 17 | 17 | | (1) "Airport operator" means: |
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| 18 | 18 | | (A) a local government that owns or controls an |
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| 19 | 19 | | airport; or |
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| 20 | 20 | | (B) a person who operates, as the agent of a local |
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| 21 | 21 | | government or otherwise, an airport owned or controlled by the |
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| 22 | 22 | | local government. |
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| 23 | 23 | | (2) "Body imaging scanning equipment" means a device, |
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| 24 | 24 | | including a device that uses backscatter x-rays or millimeter |
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| 25 | 25 | | waves, that has the capability of capturing or transmitting data |
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| 26 | 26 | | for use in creating a visual image of a person's unclothed body and |
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| 27 | 27 | | that is intended to detect concealed objects. |
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| 28 | 28 | | (b) An airport operator may not allow body imaging scanning |
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| 29 | 29 | | equipment to be installed or operated in any airport in this state |
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| 30 | 30 | | unless: |
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| 31 | 31 | | (1) the body imaging scanning equipment is used |
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| 32 | 32 | | exclusively as part of the investigation of a person who the |
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| 33 | 33 | | equipment operator has probable cause to believe has committed an |
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| 34 | 34 | | offense; or |
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| 35 | 35 | | (2) the airport operator establishes a procedure that |
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| 36 | 36 | | prohibits a person from being scanned with the equipment unless the |
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| 37 | 37 | | person, immediately before the scan is performed, gives written |
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| 38 | 38 | | consent to the scan to the equipment operator or to an agent or |
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| 39 | 39 | | employee of the airport operator after being informed of the |
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| 40 | 40 | | potential health hazards posed by the equipment. |
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| 41 | 41 | | (c) An airport operator commits an offense if the operator |
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| 42 | 42 | | fails to comply with Subsection (b). |
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| 43 | 43 | | (d) An airport operator who commits an offense under |
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| 44 | 44 | | Subsection (c) is subject to a civil penalty in an amount not to |
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| 45 | 45 | | exceed $10,000 for each day of the violation. |
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| 46 | 46 | | (e) The attorney general may bring suit in a district court |
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| 47 | 47 | | of Travis County: |
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| 48 | 48 | | (1) for injunctive relief; or |
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| 49 | 49 | | (2) to collect the civil penalty described by |
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| 50 | 50 | | Subsection (d), plus court costs, reasonable attorney's fees, and |
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| 51 | 51 | | costs incurred by the attorney general. |
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| 52 | 52 | | SECTION 2. If any person challenges the validity of Section |
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| 53 | 53 | | 22.902, Transportation Code, as added by this Act, in a criminal, |
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| 54 | 54 | | civil, or administrative proceeding on grounds of |
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| 55 | 55 | | unconstitutionality, preemption, or sovereign immunity, the |
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| 56 | 56 | | attorney general of this state, with the consent of the local county |
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| 57 | 57 | | or district attorney, as appropriate, shall take any actions |
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| 58 | 58 | | necessary on behalf of the state to defend the validity of the |
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| 59 | 59 | | statute. The attorney general may make any legal arguments the |
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| 60 | 60 | | attorney general considers appropriate, including that this Act |
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| 61 | 61 | | constitutes a valid exercise of: |
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| 62 | 62 | | (1) the state's police powers; |
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| 63 | 63 | | (2) the liberty interests of the people secured by the |
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| 64 | 64 | | Ninth Amendment to the United States Constitution; |
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| 65 | 65 | | (3) the powers reserved to the states by the Tenth |
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| 66 | 66 | | Amendment to the United States Constitution; or |
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| 67 | 67 | | (4) the rights and protections secured by the Texas |
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| 68 | 68 | | Constitution. |
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| 69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2011. |
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