| 1 | 1 | | 85R5673 AAF-F |
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| 2 | 2 | | By: Phillips H.B. No. 1210 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to passenger security screening. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 23.002(a), Transportation Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) The governing body may commission an employee of an |
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| 12 | 12 | | airport security force established under this chapter as a peace |
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| 13 | 13 | | officer, subject to Subchapter G, Chapter 1701, Occupations |
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| 14 | 14 | | [Subchapter C, Chapter 415, Government] Code, if the employee gives |
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| 15 | 15 | | an oath and a bond for the faithful performance of the employee's |
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| 16 | 16 | | duties as required by the governing body. |
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| 17 | 17 | | SECTION 2. Chapter 23, Transportation Code, is amended by |
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| 18 | 18 | | adding Sections 23.004 and 23.005 to read as follows: |
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| 19 | 19 | | Sec. 23.004. ANALYSIS AND REPORT REGARDING PASSENGER |
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| 20 | 20 | | SECURITY SCREENINGS. (a) In this section, "airport operator" |
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| 21 | 21 | | means: |
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| 22 | 22 | | (1) a local government that owns or controls an |
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| 23 | 23 | | airport; or |
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| 24 | 24 | | (2) a person who operates, as the agent of a local |
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| 25 | 25 | | government or otherwise, an airport owned or controlled by the |
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| 26 | 26 | | local government. |
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| 27 | 27 | | (b) An airport operator shall establish a program to collect |
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| 28 | 28 | | complaints received by the operator regarding passenger security |
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| 29 | 29 | | screenings. Complaints collected under this section are |
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| 30 | 30 | | confidential and not subject to disclosure under Chapter 552, |
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| 31 | 31 | | Government Code. |
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| 32 | 32 | | (c) Not later than October 1 of each year, and in a manner |
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| 33 | 33 | | prescribed by the director of Texas homeland security, an airport |
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| 34 | 34 | | operator shall submit to the executive director of the Texas |
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| 35 | 35 | | Department of Transportation and the director of Texas homeland |
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| 36 | 36 | | security an analysis of complaints regarding passenger security |
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| 37 | 37 | | screenings received during the most recent state fiscal year. The |
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| 38 | 38 | | analysis must identify the general categories of complaints |
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| 39 | 39 | | regarding passenger security screenings and provide trend data on |
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| 40 | 40 | | the frequency of those complaints. The analysis may not contain any |
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| 41 | 41 | | personal passenger information that would compromise a passenger's |
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| 42 | 42 | | privacy or safety. |
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| 43 | 43 | | (d) Not later than December 1 of each year, the director of |
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| 44 | 44 | | Texas homeland security shall submit a report to the congressional |
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| 45 | 45 | | delegation of this state. The report must provide an analysis of |
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| 46 | 46 | | complaints regarding passenger security screenings in this state |
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| 47 | 47 | | and make recommendations regarding ways in which to conduct |
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| 48 | 48 | | effective passenger security screenings while minimizing |
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| 49 | 49 | | unnecessary impositions on airline travelers' time and privacy. |
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| 50 | 50 | | (e) This section expires January 1, 2023. |
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| 51 | 51 | | Sec. 23.005. SCREENING PARTNERSHIP PROGRAM. (a) In this |
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| 52 | 52 | | section, "airport operator" has the meaning assigned by Section |
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| 53 | 53 | | 23.004. |
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| 54 | 54 | | (b) Not later than January 1, 2018, an airport operator |
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| 55 | 55 | | shall apply to the Under Secretary of Transportation for Security |
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| 56 | 56 | | under 49 U.S.C. Section 44920 to participate in the security |
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| 57 | 57 | | screening opt-out program. |
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| 58 | 58 | | (c) The airport operator shall submit the following |
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| 59 | 59 | | information to the executive director of the Texas Department of |
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| 60 | 60 | | Transportation and the director of Texas homeland security: |
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| 61 | 61 | | (1) not later than the 30th day after the date an |
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| 62 | 62 | | application was submitted under Subsection (b), a letter confirming |
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| 63 | 63 | | the submission of an application; |
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| 64 | 64 | | (2) not later than the 30th day after receiving the |
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| 65 | 65 | | notice, a copy of the notice of the disposition of the application; |
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| 66 | 66 | | and |
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| 67 | 67 | | (3) not later than January 31, 2023, a written |
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| 68 | 68 | | statement regarding any failure to receive a notice of the |
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| 69 | 69 | | disposition of the application. |
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| 70 | 70 | | (d) This section expires August 31, 2023. |
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| 71 | 71 | | SECTION 3. As soon as practicable after the effective date |
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| 72 | 72 | | of this Act, the director of Texas homeland security shall |
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| 73 | 73 | | prescribe procedures to implement the change in law made by Section |
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| 74 | 74 | | 23.004, Transportation Code, as added by this Act. |
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| 75 | 75 | | SECTION 4. (a) Sections 23.004(c) and (d), Transportation |
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| 76 | 76 | | Code, as added by this Act, take effect January 1, 2018. |
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| 77 | 77 | | (b) Except as otherwise provided by Subsection (a) of this |
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| 78 | 78 | | section, this Act takes effect September 1, 2017. |
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