Another Gonzales Moment: “Probable Cause” to Touch Specific Body Parts

April 26, 2013: (Same song, 2nd verse)

HB80 (Simpson | Hilderbran, et al)

BILL CAPTION: Relating to official oppression; creating offenses.

STATUS: Left pending in House Committee on State Affairs on 4/10/13

ACTION: Ask your House Rep to co-author HB 80 and ask them to contact the committee chair to request a committee vote on HB 80 – Rep. Byron Cook (512) 463-0730 – ASAP!

BILL DESCRIPTION: House Bill 80 would amend Section 39.03 of the Penal Code by providing that a person commits an offense, punishable as a Class A misdemeanor, if as part of a search performed to grant access to a publicly accessible building or form of transportation touches the anus, sexual organ, or breasts of a person, or touches in a manner that would be offensive to a reasonable person. Additionally, House Bill 80 creates an offense if a public servant removes a child from the physical custody or control of the parent/guardian or in any way harasses, delays, coerces, threatens, intimidates, denies, or conditions access to a person for refusing to consent to the search of their person or child.

HB 80 would provide that, with the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with the consenting local prosecutor to prosecute an offense.

  • “Probable Cause” required; stop the routine touching of peoples’ private parts. TSA security screening personnel are not trained in constitutional law enforcement and have no power to arrest.
  • Not a partisan issue; this is an issue about dignity and freedom of every individual.  Civil liberty/civil right organizations and Political Party organizations from all spectrums support the principles reflected in HB 80.
  • A majority of air passengers are not asked to go through the naked scanners; demonstrating the ineffectiveness of the occasional full body scanning practices where most invasive pat-downs occur.
  • Belgium, Hong Kong, Netherlands, Israel, and other countries utilize specially trained bomb-sniffing dogs in tandem with non-invasive metal detectors
  • Broad support for HB 80; fifty (50) of the 150 members of the current Texas House of Representatives have authored/co-authored HB 80 (108 House authors on a similar bill in the 2011 legislative session)

THIS IS A GONZALES MOMENT; Who in the Texas Legislature will utilize the powers listed in the state and federal constitutions to execute their Oath of Office?

  • … – TX Constitution: “SEARCHES AND SEIZURES. 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.”
  • … – U.S. Constitution:  “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.”
  • … – U.S. Constitution: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. … The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”


Thank you! Your actions are affecting my family’s future.


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