Thanks Snuph, I am posting the letter from the US Attorney to the Texas Senate in its entirety. The language of the letter deserves careful parsing, and I would hope some legally trained Freepers might comment.
Dear Leaders,
I write with regard to HB 1937, which I understand will imminently be presented to the Texas Senate for a vote.
This office, as well as the Southern, Northern, and Eastern District of Texas United States Attorneys, would like to advise you of the significant legal and practical problems that will be created if the bill becomes law. As you are no doubt aware, the bill makes it a crime for a federal transportation official (”TSO”) to perform the security screening that he or she is authorized and required by federal law to perform. The proposed legislation would make it unlawful for a federal agent such as a TSO to perform certain specified searches for the purpose of granting access to a publicly accessible building or form of transportation. That provision would thus criminalize searches that are required under federal regulations in order to ensure the safety of the American public. The legislation also makes it a crime for a public servant, as defined by the bill, to deny or impede another person in the exercise or enjoyment of any right or privilege, knowing that the public servant’s conduct is unlawful. As a result, it appears the intent of the bill is to preclude a TSO from turning away from the secure area of an airport someone who otherwise would have been subjected to a pat down as a condition of entry.
The effect of this bill, if enacted, would be to interfere directly with the Transportation Security Administration’s (”TSA”) responsibility for civil aviation security. 49 U.S.C. §114(d); 6 U.S.C. §202(1). Congress has directed the Administrator of TSA to take “necessary actions to improve domestic air transportation security,” 49 U.S.C. §44904(e), and directed him to “prescribe regulations to protect passengers and property on an aircraft ... against an act of criminal violence or aircraft piracy.” ID. §44903(b). Congress has directed TSA to provide for “the screening of all passengers and property ... before boarding,” in order to ensure that no passenger is unlawfully carrying a dangerous weapon, explosive, or other destructive substance. Id. §44901(a), §44901(a), §114(e). If the Administrator determines that “a particular threat cannot be addressed in a way adequate to ensure ... the safety of passengers and crew of a particular flight, he “shall cancel the flight or series of flights.” Id. §44905(b). HB 1937 would conflict directly with federal law. The practical import of the bill is that it would threaten criminal prosecution of Transportation Security Administration personnel who carry out the security procedures required under federal statutes and TSA regulations passed to implement those statutes. Those officials cannot be put to the choice of risking criminal prosecution or carrying out their federal duties. Under the Supremacy Clause of the United States Constitution, Texas has no authority to regulate federal agents and employees in the performance of their federal duties or to pass a statute that conflicts with federal law.
If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute. Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew.
We urge that you consider the ramifications of this bill before casting your vote.
Very truly yours,
[signed]
John E. Murphy
United States Attorney
I posted the earlier article that led to our meeting to get people in Texas riled up. Now if they will used that energy to press their state house maybe it will be worth the replies I got. lol
Some state has to say no more to the tyrants, Texas is our best hope!
Thanks again ThirdMate
Snuph
The bureaucracy wants to blame Congress for its overreaching. Well why won’t Congress rein in these Keystone Kops.
Funny how utterly fast the senator and his buddies caved on this when they got this letter...
So what they are saying is you can use big words to scare the beejeezus out of a few Texas legislators and they’ll pull a piece of legislation that would put the Feds in their place...
Hmmmmmmm, a tactic worth remembering...
All I can say is that the feckless nature of the majority party in Texas is once again demostrating their inability to stand firm and be committed to serving this state and their constituencies....
Hmmmmmm, I hope the people in Texas Senatorial District 7 are paying attention...
Or if not waiting to hear their feckless leader when he gets on his radio show...
I am of the opinion he should have stayed on TV as a sportscaster...
Especially after his bill that passed his clubhouse that gave state elected officials the protection to carry a firearm, pretty much anywhere they want to...And those of us who are not state elected officials can still be restricted by the provisions in the Texas CHL law...
Thanks Dan, you be a bucket full of peaches.../sarc
Many thanks. I hope TX stands up to this tyranny. I live in Oklahoma now, and I’m sure a lot of Oklahomans stand with you. I know I do.
ping for later review.