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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of body imaging scanning equipment in |
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airports; providing criminal and civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 22, Transportation Code, |
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is amended by adding Section 22.902 to read as follows: |
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Sec. 22.902. BODY IMAGING SCANNING EQUIPMENT. (a) In this |
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section: |
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(1) "Airport operator" means: |
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(A) a local government that owns or controls an |
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airport; or |
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(B) a person who operates, as the agent of a local |
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government or otherwise, an airport owned or controlled by the |
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local government. |
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(2) "Body imaging scanning equipment" means a device, |
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including a device that uses backscatter x-rays or millimeter |
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waves, that has the capability of capturing or transmitting data |
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for use in creating a visual image of a person's unclothed body and |
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that is intended to detect concealed objects. |
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(b) An airport operator may not allow body imaging scanning |
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equipment to be installed or operated in any airport in this state |
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unless: |
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(1) the body imaging scanning equipment is used |
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exclusively as part of the investigation of a person who the |
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equipment operator has probable cause to believe has committed an |
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offense; or |
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(2) the airport operator establishes a procedure that |
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prohibits a person from being scanned with the equipment unless the |
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person, immediately before the scan is performed, gives written |
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consent to the scan to the equipment operator or to an agent or |
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employee of the airport operator after being informed of the |
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potential health hazards posed by the equipment. |
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(c) An airport operator commits an offense if the operator |
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fails to comply with Subsection (b). |
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(d) An airport operator who commits an offense under |
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Subsection (c) is subject to a civil penalty in an amount not to |
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exceed $10,000 for each day of the violation. |
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(e) The attorney general may bring suit in a district court |
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of Travis County: |
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(1) for injunctive relief; or |
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(2) to collect the civil penalty described by |
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Subsection (d), plus court costs, reasonable attorney's fees, and |
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costs incurred by the attorney general. |
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SECTION 2. If any person challenges the validity of Section |
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22.902, Transportation Code, as added by this Act, in a criminal, |
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civil, or administrative proceeding on grounds of |
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unconstitutionality, preemption, or sovereign immunity, the |
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attorney general of this state, with the consent of the local county |
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or district attorney, as appropriate, shall take any actions |
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necessary on behalf of the state to defend the validity of the |
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statute. The attorney general may make any legal arguments the |
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attorney general considers appropriate, including that this Act |
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constitutes a valid exercise of: |
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(1) the state's police powers; |
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(2) the liberty interests of the people secured by the |
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Ninth Amendment to the United States Constitution; |
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(3) the powers reserved to the states by the Tenth |
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Amendment to the United States Constitution; or |
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(4) the rights and protections secured by the Texas |
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Constitution. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |