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


Office of House Bill AnalysisC.S.H.B. 815
By: Bailey
State Affairs
3/30/2001
Committee Report (Substituted)



BACKGROUND 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 retired peace officer.  C.S.H.B. 815 provides for
the presentation of the state flag to the family 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

C.S.H.B. 815 amends the Government and Occupation codes to create
regulations for the presentation of the state flag to survivors of deceased
peace officers.  The bill requires the state, at no cost, to provide, on
the death of a peace officer or retired peace officer, to the individual's
next of kin, a state flag that has flown over the Capitol and a letter from
the officer of the governor expressing condolences and gratitude on behalf
of the governor and the people of Texas for the officer's service as a
Texas peace officer.  The bill requires that the state flag be presented by
a representative of the state or a representative of the political
subdivision in which the individual served as a peace officer.   

The bill 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.  The bill requires a
funeral director who knows or suspects a deceased person was a peace
officer to contact the Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) to verify the status of the individual as an active or
retired peace officer at the time of the individual's death, and to
determine with whom the individual served as a peace officer.  The bill
also requires the funeral director to notify the state or the political
subdivision in which the individual most recently served as a peace officer
of the individual's death not later than the 30th day after the date the
funeral director learns of the individual's death.   

If TCLEOSE is notified of the death of a current or retired peace officer,
TCLEOSE is required to promptly notify the office of the governor and to
notify the state representative and state senator for the district in which
the deceased officer most recently resided.   

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 815 modifies the original bill by requiring the Commission on Law
Enforcement Officer Standards and Education, if notified of the death of a
current or retired peace officer, to promptly notify the office of the
governor and to notify the state representative and state senator for the
district in which the deceased  officer most recently resided.  The
substitute specifies that the state flag given to the next of kin of a
deceased peace officer be one that has flown over the Capitol and that the
letter given to the next of kin expressing condolences and gratitude be
from the office of the governor.  The substitute also places a time limit
for notifying the state or the political subdivision in which the
individual most recently served on a funeral director who suspects that a
deceased person was a peace officer.