TSA: Texas bill banning pat-downs is unconstitutional

The Transportation Security Administration says that a Texas law that would ban pat-downs at airports is unconstitutional.

TSA over the weekend cited a constitutional provision that allows federal law to trump state law.

The Texas state House has passed a bill that makes it illegal for TSA agents to perform the controversial searches at airport security checkpoints without probable cause. The legislation is awaiting a vote in the state Senate.

"What's our take on the Texas House of Representatives voting to ban the current TSA pat-down?," the TSA said on its blog. "Well, the Supremacy Clause of the U.S. Constitution prevents states from regulating the federal government."

The TSA defended the pat-downs, pointing out that about 3 percent of travelers receive them. 

"We wish we lived in a world where you could just walk on a plane with no security screening, but that just isn't the case unfortunately," the TSA blog said. "Aviation security agencies worldwide have been using pat-downs long before TSA was created to prevent dangerous items from getting onto airplanes. The pat-down is a highly effective tool to resolve certain alarms and keep these dangerous items off of planes that could cause catastrophic damage. 

"It's important to note that if a passenger (or bag) alarms during screening, our officers must resolve the alarm before allowing the passenger and their baggage on the airplane," the agency added.