Texas House Bill HB1938

Texas 2011 - 82nd Regular

• Out of House Committee: 5/9/11

Caption

Relating to the regulation of body imaging scanning equipment in airports; providing criminal and civil penalties.

Impact

If enacted, HB 1938 would amend the Transportation Code to establish clear legal parameters for the use of body imaging equipment in airports. The bill introduces a civil penalty for airport operators that fail to comply, with fines reaching up to $10,000 for each day of the violation. The state's Attorney General is also granted the authority to seek injunctive relief and to collect civil penalties, ensuring enforcement of these new regulations. Proponents of the bill advocate for its potential to enhance passenger privacy rights and promote transparency in airport security procedures.

Summary

House Bill 1938 aims to regulate the use of body imaging scanning equipment in airports across Texas. The bill defines 'body imaging scanning equipment' as devices capable of capturing or transmitting data to create visual images of a person’s unclothed body, primarily used to detect concealed objects. Under this legislation, airport operators are prohibited from allowing this equipment to be installed or operated unless it adheres to strict guidelines that focus on probable cause and informed consent from the individual being scanned. This is intended to protect passengers' privacy and ensure a standard operating procedure that empowers individuals.

Contention

Discussion surrounding HB 1938 centers on balancing security measures and civil liberties. Some stakeholders argue that the regulations may hinder effective airport security operations, especially if consent becomes a barrier to swift security checks. Furthermore, concerns have been raised about the potential health risks associated with such body imaging technologies, which may require a thorough public discourse to address before widespread implementation. The enforcement mechanism raises questions about the role of airport operators and the implications for passenger experience and safety.