"Texas lawmakers pass weakened airport groping bill"

Monday, June 27, 2011

Texas lawmakers pass weakened airport groping bill
By JIM VERTUNO
The Associated Press


AUSTIN, Texas (AP) - Texas lawmakers gave their initial backing Monday to
legislation that would criminalize intentional, inappropriate touching
during airport security pat-downs, but it was so watered down it provoked
angry outbursts from conservative activists, who decried it as toothless.

The new versions of the bill would still make it a misdemeanor punishable
with up to a year in jail to touch a person's sexual organs and other
sensitive areas. But now they give security officials a defense to
prosecution if they act with "reasonable suspicion" that the search is
necessary.

That change prompted chants of "Traitor!" by a small group of protesters in
the Capitol rotunda shortly after the House cast a preliminary vote in favor
of the bill.

The protesters then gathered in the Senate gallery and several called out
"Treason!" to senators below. The Senate passed its version several hours
after the protesters left.

The Republican-controlled chambers have until Wednesday to resolve several
differences between their bills before sending one to Gov. Rick Perry to
consider signing it into law.

Supporters of the bill complained the changes make the penalties
unenforceable. Texas law already bans public servants from subjecting
someone to a search he or she "knows is unlawful."

About two dozen people showed up to testify in support of the bill in the
Senate Committee on Transportation and Homeland Security, then opposed it
when they learned the bill was going to be changed on the recommendation of
Texas Attorney General Greg Abbott, a Republican.

"The simple act of opting out of the body scanners is going to be reasonable
suspicion," said Heather Fazio of Austin. "That is unacceptable."

Sen. Dan Patrick, R-Houston, defended the change, saying the bill still
sends a strong message to Transportation Security Administration security
screeners to keep their wandering hands off Texans.

Patrick noted that the TSA announced last week that it would try to reduce
the number of pat-downs performed on children.

"The goal is to get the TSA to change their policy," Patrick said. "TSA is
going change their policy because Texas is taking the lead."

TSA spokesman Greg Soule said Americans expect authorities to use "effective
methods to keep the traveling public safe" and that the agency will review
the bill if passed into law.

All of the testimony for the bill has concentrated on stories of people
being searched and included no actual examples of TSA officers being
reprimanded or disciplined for improper touching.

Although dismissed last week as a "publicity stunt" by Republican House
Speaker Joe Straus, the issue has become a top priority for the libertarian
wing of the Texas GOP.

Few Texas airports are equipped with full-body scanners, meaning there often
is no other screening option for travelers picked out for what TSA calls an
enhanced pat down. Opponents have simmered over procedures they consider a
violation of their Constitutional right against unwarranted search and
seizure.

Texas made it a full-blown fight with the TSA last month when the Texas
House voted to criminalize intrusive pat-downs. That version appeared ready
to pass the Senate until John E. Murphy, the U.S. attorney for the Western
District of Texas, warned lawmakers that it would interfere with the TSA's
ability to ensure travelers' safety.

Murphy's letter to legislators said if the original bill passed, the federal
government would probably go to court to block it and the TSA would likely
be required to cancel flights if it cannot ensure passenger safety.

TSA officials say advance imaging technology and pat downs are the most
effective way to detect threats such as explosives made of plastics, liquids
or gels designed to not be detected by traditional metal detectors.

The issue prompted some small but loud demonstrations outside the House and
Senate chambers last month and many of them showed up again for Monday's
vote. Texas Gov. Rick Perry, a Republican considering a run for president,
added the pat-down bill to the agenda of the 30-day special session he
called on May 31.

But the bill has lost significant momentum over the last week.

Straus appeared to strike a major blow against the original version of the
bill when he warned it would hurt commercial aviation in Texas and would
make the state a "laughingstock."

Monday's changes further eroded support.

"TSA is abusing people," said Don Hart of Austin, who opposed the new
version approved Monday. "TSA will be empowered to keep doing what they are
doing."

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