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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of whole-body scanners in airports; |
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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. WHOLE-BODY SCANNERS. (a) In this 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 creates a visual image of a person's unclothed body and |
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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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(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 $1,000 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. 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. |