SRC-JBJ C.S.S.B. 1211 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1211
77R10297 ATP-DBy: Whitmire
State Affairs
4/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the family of a deceased veteran is presented with a United
States flag by an honor guard, upon request, but under Texas law there are
no provisions for the presentation of the state flag to the family of a
deceased peace officer or retired peace officer.  C.S.S.B. 1211 provides
for the presentation of the state flag to the families of deceased or
retired peace officers. 

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)  Sets forth provisions
regarding the application of this section. 

(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, to provide, at no cost, to the individual's next of kin a
state flag that has flown over the Capital and a letter from the office 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. 

(c)  Requires that the state flag 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.  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.  Requires the funeral director, if the deceased person is
known or suspected by the funeral director to have been a peace officer, to
take certain enumerated actions. 

SECTION 3.  Amends Chapter 1701D, Occupations Code, by adding Section
1701.160, as follows: 

Sec. 1701.160.  NOTICE REGARDING DECEASED PEACE OFFICER.  Requires the
Commission on Law Enforcement Officer Standards and Education (commission),
if the commission is notified of the death of a current or retired peace
officer, to promptly take certain enumerated actions.  

SECTION 4.  Effective date: September 1, 2001.
            Makes application of this Act prospective. 
 
SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending previously proposed
provisions regarding the presentation of a state flag to the family of
certain deceased peace officers. 

SECTION 2.  Differs from the original by amending previously proposed
provisions regarding the notice by a funeral director of a deceased peace
officer. 

Adds a new SECTION 3 and renumbers previously proposed SECTION 3 as SECTION
4 with no change.