85R5673 AAF-F
By: Phillips H.B. No. 1210
A BILL TO BE ENTITLED
AN ACT
relating to passenger security screening.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 23.002(a), Transportation Code, is
amended to read as follows:
(a) The governing body may commission an employee of an
airport security force established under this chapter as a peace
officer, subject to Subchapter G, Chapter 1701, Occupations
[Subchapter C, Chapter 415, Government] Code, if the employee gives
an oath and a bond for the faithful performance of the employee's
duties as required by the governing body.
SECTION 2. Chapter 23, Transportation Code, is amended by
adding Sections 23.004 and 23.005 to read as follows:
Sec. 23.004. ANALYSIS AND REPORT REGARDING PASSENGER
SECURITY SCREENINGS. (a) In this section, "airport operator"
means:
(1) a local government that owns or controls an
airport; or
(2) a person who operates, as the agent of a local
government or otherwise, an airport owned or controlled by the
local government.
(b) An airport operator shall establish a program to collect
complaints received by the operator regarding passenger security
screenings. Complaints collected under this section are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(c) Not later than October 1 of each year, and in a manner
prescribed by the director of Texas homeland security, an airport
operator shall submit to the executive director of the Texas
Department of Transportation and the director of Texas homeland
security an analysis of complaints regarding passenger security
screenings received during the most recent state fiscal year. The
analysis must identify the general categories of complaints
regarding passenger security screenings and provide trend data on
the frequency of those complaints. The analysis may not contain any
personal passenger information that would compromise a passenger's
privacy or safety.
(d) Not later than December 1 of each year, the director of
Texas homeland security shall submit a report to the congressional
delegation of this state. The report must provide an analysis of
complaints regarding passenger security screenings in this state
and make recommendations regarding ways in which to conduct
effective passenger security screenings while minimizing
unnecessary impositions on airline travelers' time and privacy.
(e) This section expires January 1, 2023.
Sec. 23.005. SCREENING PARTNERSHIP PROGRAM. (a) In this
section, "airport operator" has the meaning assigned by Section
23.004.
(b) Not later than January 1, 2018, an airport operator
shall apply to the Under Secretary of Transportation for Security
under 49 U.S.C. Section 44920 to participate in the security
screening opt-out program.
(c) The airport operator shall submit the following
information to the executive director of the Texas Department of
Transportation and the director of Texas homeland security:
(1) not later than the 30th day after the date an
application was submitted under Subsection (b), a letter confirming
the submission of an application;
(2) not later than the 30th day after receiving the
notice, a copy of the notice of the disposition of the application;
and
(3) not later than January 31, 2023, a written
statement regarding any failure to receive a notice of the
disposition of the application.
(d) This section expires August 31, 2023.
SECTION 3. As soon as practicable after the effective date
of this Act, the director of Texas homeland security shall
prescribe procedures to implement the change in law made by Section
23.004, Transportation Code, as added by this Act.
SECTION 4. (a) Sections 23.004(c) and (d), Transportation
Code, as added by this Act, take effect January 1, 2018.
(b) Except as otherwise provided by Subsection (a) of this
section, this Act takes effect September 1, 2017.