HBA-SEP, TBM H.B. 815 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 815
By: Bailey
State Affairs
8/28/2001
Enrolled



BACKGROUND AND PURPOSE 

Currently, the family of a deceased veteran is presented with a United
States flag by an honor guard, upon request.  However, prior to the 77th
Legislature, state law did not provide for the presentation of the state
flag to the family of a deceased peace officer or retired peace officer.
House Bill 815 provides for the presentation of the state flag and a
certificate of gratitude to the next of kin of a deceased peace officer or
retired peace officer. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 815 amends the Government Code to provide that the next of kin
of a deceased Texas peace officer may receive on request a state flag from
the Commission on Law Enforcement Officer Standards and Education
(TCLEOSE).  If the office of the governor is notified of the death by
TCLEOSE, the office of the governor is required to send to the individual's
next of in a certificate that expresses condolences and gratitude on behalf
of the governor and the people of Texas for the individual's service as a
Texas peace officer.  The bill requires the Texas Department of Criminal
Justice (TDCJ) to sell state flags to TCLEOSE at a price that does not
exceed TDCJ's cost in producing or obtaining the state flags. 

The bill amends the Health and Safety Code to provide that the Texas
Department of Health (TDH) shall require that the form for the registration
of deaths must include the question, "Was the decedent ever a peace officer
in this state?"  TDH is not required to implement this provision until the
next time at which TDH is otherwise requiring a revision to the form for
the registration of deaths. 

The bill amends the Occupations Code to require a funeral director who
prepares a deceased peace officer for burial or other disposition to make
every effort to advise the next of kin that the next of kin of a person who
was a peace officer or a former peace officer at the time of death is
eligible on request to receive a state flag from TCLEOSE at no cost to the
next of kin. 

EFFECTIVE DATE

September 1, 2001.