SRC-SEW H.B. 815 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 815
By: Bailey (Whitmire)
State Affairs
4/30/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the family of a deceased veteran is presented with a United
States flag by an honor guard, upon request. However, current Texas law
does not provide for the presentation of the state flag to the family of a
deceased peace officer or firefighter.  H.B. 815 provides for the
presentation of the state flag to the family of a deceased peace officer or
firefighter.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 615E, Government Code, by adding Section
615.105, as follows: 
 
Sec. 615.105.  PRESENTATION OF STATE FLAG. (a) Provides that this section
applies only to certain persons. 

(b) Requires the state, on the death of an individual listed in Subsection
(a), regardless of whether the individual died in the course of duty as a
peace officer or firefighter, to provide certain items, at no cost, to the
individual's next of kin. 
  
(c)  Requires the state flag to be presented from the office of the
governor to the individual's next of kin by certain persons. 
  
SECTION 2.  Amends Chapter 651I, Occupations Code, by adding Section
651.408, as follows: 
 
Sec. 651.408.  NOTICE OF DECEASED PEACE OFFICER OR FIREFIGHTER. Requires a
funeral director to make reasonable efforts to determine whether a deceased
person being prepared by the funeral director for burial or other
disposition was a peace officer or firefighter.  Requires the funeral
director to perform certain functions if the deceased person is known or
suspected by the funeral director to have been a peace officer or
firefighter. 

SECTION 3.  Amends Chapter 1701D, Occupations Code, by adding Section
1701.161, as follows: 

Sec. 1701.161.  NOTICE REGARDING DECEASED PEACE OFFICER.  Requires the
Commission on Law Enforcement Officer Standards and Education (commission),
if notified of the death of a current or retired peace officer, to promptly
notify certain entities. 
  
SECTION 4.  Amends Chapter 419Z, Government Code, by adding Section
419.908, as follows: 
 
Sec. 419.908.  NOTICE REGARDING DECEASED FIREFIGHTER.  Makes a conforming
change regarding the Texas Commission on Fire Protection. 
 
 SECTION 5.  Effective date:  September 1, 2001.  Provides that Section 1
of this Act applies only to a person who dies on or after September 1,
2001.  Provides that Section 2 of this Act applies only to a funeral
director who prepares a deceased person for burial or other disposition on
or after September 1, 2001.