SCT H.B. 686 75(R)BILL ANALYSIS


STATE FEDERAL & INTERNATIONAL RELATIONS
H.B. 686
By: Hunter
4-16-97
Committee Report (Unamended)

BACKGROUND:

Title 106 of the Revised Statutes, dealing with Patriotism and the Flag,
was partially amended in 1993 to revise the laws concerning the state
flag, the pledge of allegiance to the state flag, the Texas Flag Code, the
governor's flag, the state arms, the state seal, and the state song.  The
laws and resolutions relating to the state tree, the state motto, the
state bird, and the state flower, however, have not yet been revised. 

PURPOSE:

As proposed, H.B. 686 clarifies conduct relating to the pledge of
allegiance to the state flag, specifies the description and use of the
governor's flag, restates the description of the state tree, and adopts by
law the state motto, bird, and flower. 

RULEMAKING AUTHORITY:

This bill creates and delegates additional rulemaking authority to the
Governor. 

SECTION-BY-SECTION ANALYSIS:

SECTION 1.  Amends article 6139b to clarify that non-Texas citizens are
not required to recite the pledge of allegiance to the state flag, but
should instead remain silent and stand at attention when the pledge is
recited.  Article 6139c, subsection 3(gg), and article 6139e(b) currently
have similar "exemptions" for non-Texas citizens when the state flag is
raised or lowered or the state song is rendered. 

SECTION 2.  Amends 6139d to adopt a specific design for the flag of the
governor.  The design is the 1839 pilot flag of the Republic of Texas,
which symbolizes the governor's role as head of state.  The choice of the
1839 pilot flag also provides a historical link to the Lone Star Flag
because the pilot flag was authorized by the same 1839 act that adopted
the Lone Star Flag.  See Act approved Jan. 25, 1839, 3d Cong., R.S.,
1838-1839 Repub. Tex. Laws 78, reprinted in 2 H.P.N. Gammel, The Laws of
Texas 1822-1897, at 87 (Austin, Gammel Book Co. 1898). Subsections d and e
provide that the flag of the governor may be decorated with gold fringe,
the flag's staff may bear gold cords and tassels, and the staff's finial
should be either a lone star or a spearhead.  This is similar to the
current law regarding the state flag.  See Tex. Rev. Civ. Stat. Ann. art.
6139a(e), (f) (Vernon Supp. 1995).  Subsection f allows the Governor to
prescribe additional rules with respect to the description or display of
the flag of the governor by executive order published in the Texas
Register.  This is also similar to the current law regarding the state
flag.  See Tex. Rev. Civ. Stat. Ann. art. 6139a(g) (Vernon Supp. 1995). 

SECTION 3.  Enacts article 6139g describing the state motto.  The state
motto was originally adopted in 1930.  See Tex. H.R. Con. Res. 22, 41st
Leg., 4th C.S., 1930 Tex. Gen. Laws 105. Technically the 1930 adoption of
the state motto is not a law because it was passed as a concurrent
resolution and not as a bill.  See Tex. Const. art. III,   30.  The
current designation of the state motto is an expression of the
legislature's will, but it does not have the effect of law. The 1930
concurrent resolution has been erroneously placed by West Publishing
Company or its predecessor in Vernon's Revised Civil Statutes of the State
of Texas as Revised Statutes article 6143a.  See Tex. Rev. Civ. Stat. Ann.
art. 6143a (Vernon 1970).  The Act does not repeal Vernon's Texas Civil
Statutes article 6143a because this was never an act of the legislature. 

 SECTION 4.  Enacts article 6139h describing the state bird.  The state
bird was originally adopted in 1927.  See Tex. S. Con. Res. 8, 40th Leg.,
R.S., 1927 Tex. Gen. & Spec. Laws 486. Technically the 1927 adoption of
the state bird is not a law because it was passed as a concurrent
resolution and not as a bill.  See Tex. Const. art. III,   30.  The
current designation of the state bird is an expression of the
legislature's will, but it does not have the effect of law.  The 1927
concurrent resolution has been erroneously placed by West Publishing
Company or its predecessor in Vernon's Revised Civil Statutes of the State
of Texas as Revised Statutes article 6143c.  See Tex. Rev. Civ. Stat. Ann.
art. 6143c (Vernon 1970).  The Act does not repeal Vernon's Texas Civil
Statutes article 6143c because this was never an act of the legislature. 

SECTION 5.  Enacts article 6139i describing the state flower.  The state
flower was originally adopted in 1901.  See Tex. S. Con. Res. 10, 27th
Leg., R.S., 1901 Tex. Gen. Laws 323. Technically the 1901 adoption of the
state flower is not a law because it was passed as a concurrent resolution
and not as a bill.  See Tex. Const. art. III,   30.  The current
designation of the state flower is an expression of the legislature's
will, but it does not have the effect of law. 

SECTION 6.  Renumbers article 6143 concerning the state tree as article
6139j and amends it to restate the article in modern American English and
to delete the requirement that the State Board of Control, now the General
Services Commission, and the State Parks Board, now the Texas Department
of Parks and Wildlife, give due consideration to the pecan tree when
planning beautification of state parks or other public property. 

SECTION 7.  Expresses the intent of legislature that the General Services
Commission, Texas Department of Parks and Wildlife, and other state
agencies continue to give due consideration to the state tree when
planning beautification of state parks or other public property. 

SECTION 8.  Emergency clause.