82R11389 BPG-D
  By: Simpson H.C.R. No. 80
         WHEREAS, The Transportation Security Administration has
  repeatedly abridged the fundamental rights of citizens to travel
  safe and secure in their persons by engaging in unreasonable and
  unwarranted searches of air passengers; and
         WHEREAS, At many airports, the TSA is now forcing passengers
  to submit to irradiating scans and visualizations of their bodies,
  and those passengers who refuse scanning are subjected to invasive
  pat-downs; if performed by anyone outside the TSA, such action
  would be deemed criminal in nature; and
         WHEREAS, The Fourth Amendment to the Constitution of the
  United States ensures the security of persons and property from
  unwarranted search and seizure by the civil government: "The right
  of the people to be secure in their persons, houses, papers, and
  effects, against unreasonable searches and seizures, shall not be
  violated, and no Warrants shall issue, but upon probable cause,
  supported by Oath or affirmation, and particularly describing the
  place to be searched, and the persons or things to be seized"; and
         WHEREAS, The Texas Constitution affirms the same fundamental
  right in Section 9, Article I: "The people shall be secure in their
  persons, houses, papers and possessions, from all unreasonable
  seizures or searches, and no warrant to search any place, or to
  seize any person or thing, shall issue without describing them as
  near as may be, nor without probable cause, supported by oath or
  affirmation"; and
         WHEREAS, Section 29, Article I, of the Texas Constitution
  declares that "everything in this 'Bill of Rights' is excepted out
  of the general powers of government, and shall forever remain
  inviolate, and all laws contrary thereto, or to the following
  provisions, shall be void"; and
         WHEREAS, The Supreme Court of the United States, interpreting
  the United States Constitution in United States v. Guest, held
  that: "the right to travel is a part of the 'liberty' of which the
  citizen cannot be deprived without the due process of law under the
  Fifth Amendment. . . . The constitutional right to travel from one
  State to another, and necessarily to use the highways and other
  instrumentalities of interstate commerce in doing so, occupies a
  position fundamental to the concept of our Federal Union"; and
         WHEREAS, The graphic body scans that the Transportation
  Security Administration has implemented, as well as the intimate
  physical searches that are offered as the only alternative, are
  inappropriate, unacceptable, and unconstitutional, and these
  procedures must be stopped; now, therefore, be it
         RESOLVED, That the 82nd Legislature of the State of Texas
  hereby express its strong opposition to Transportation Security
  Administration searches that involve irradiation, scanning,
  visualization, or groping and its position that such searches are a
  violation of the Bill of Rights of both the United States
  Constitution and the Texas Constitution and the law authorizing
  these searches should be considered void and as having no force of
  law; and, be it further
         RESOLVED, That the 82nd Texas Legislature hereby urge the
  Transportation Security Administration to immediately cease
  unwarranted and invasive searches at all security checkpoints,
  whether in airports or otherwise, that irradiate, scan, visualize,
  and/or grope the bodies of citizens, who possess a fundamental
  right to travel and have been guaranteed the same by their civil
  covenants; and, be it further
         RESOLVED, That the legislature hereby urge the governor of
  Texas to actively support efforts, legislative and otherwise, to
  ensure that the citizens of Texas retain their fundamental right to
  travel secure in their persons and property and free from
  unwarranted, unreasonable searches, especially those searches
  conducted by agents of the federal government; and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the president of the Senate and the speaker of the House of
  Representatives of the United States Congress, to the administrator
  of the Transportation Security Administration, and to all the
  members of the Texas delegation to Congress with the request that
  this resolution be entered in the Congressional Record as a
  memorial to the Congress of the United States of America.