Hope fading for airport pat-down bill

AUSTIN (KXAN) - The author of the bill that would restrict the ability of federal airport security agents from patting down the intimate body parts of travelers said Friday that he doubts the measure will pass during the current special session.

"This is not going to happen," state Rep. David Simpson, R-Longview, said after the Texas House adjourned without acting on any legislation.

Speaker Joe Straus told reporters the House has more pressing business than that bill.

"Our plane was not full to capacity,” he said. “The bill, without some serious revisions, appears to me to be nothing more than an ill-advised publicity stunt, unenforceable…(and) misdirected at uniform security personnel.”

Simpson was not happy with Straus' explanation.

"The speaker claims that he wants to lead in such a way that he allows the will of the House," Simpson said. "He didn't give the will of the House an opportunity today. He made the decision himself."

Even though the 30-day session ends Wednesday, Lt. Gov. David Dewhurst said he's still trying to get the bill through the Senate.

"The Transportation and Homeland Security Committee is holding a hearing on Monday to pass the TSA bill out of committee," Dewhurst said. "And I believe this is an important issue that deserves consideration by both the House and the Senate before we adjourn."

On Monday, Gov. Rick Perry added the so-called "anti-grouping" bill to the list of things he wanted lawmakers to pass before the deadline. But the bill is not on the House calendar for Monday, which means it would take an extraordinary turn of events even to get the measure to the floor for a debate.

Simpson has said that House Bill 41 is needed to “protect innocent people from unreasonable searches of their person by their own government.”

The bill would make it a misdemeanor for TSA agents to touch certain parts of a person’s body during a security check.

Similar legislation in the regular session died in the Senate after concerns arose from the Department of Justice. A DOJ letter suggested the bill would interfere with TSA security responsibilities and could force the grounding of flights in Texas.

Simpson changed the language of the HB 41 to give the federal government more time to respond. Instead of going into effect immediately after passage, it would allow 90 days.

It's unclear whether Perry would call lawmakers back again to take up the legislation if time runs out this go-round. On Thursday he said he supported a change by the U.S. Transportation Security Administration involving children under the age of 12.

“TSA’s policy change is a step in the right direction to regain the trust of American families," Perry said. "Texas will continue seeking more common-sense approaches to TSA security measures, and I look forward to working with lawmakers on related legislation that will accomplish these goals.”

Simpson said Wednesday that he has enough votes in both chambers to move the bill, but suggested that, in his view, Perry appears lukewarm to the issue.

"I thought it would be a good campaign issue for him, not to go up against President Obama but because the TSA needs some big changes," Simpson said.