By Bailey, Merritt, Tillery H.B. No. 815 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the presentation of the state flag to survivors of 1-3 deceased peace officers and firefighters. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 615, Government Code, is 1-6 amended by adding Section 615.105 to read as follows: 1-7 Sec. 615.105. PRESENTATION OF STATE FLAG. (a) This section 1-8 applies only to: 1-9 (1) an individual elected, appointed, or employed as a 1-10 peace officer by the state or a political subdivision of the state, 1-11 under Article 2.12, Code of Criminal Procedure, or other law; 1-12 (2) an individual who retired from a position 1-13 described by Subdivision (1); 1-14 (3) a firefighter, as described by Section 1-15 615.003(10), (11), or (12); or 1-16 (4) an individual who retired from a position 1-17 described by Subdivision (3). 1-18 (b) On the death of an individual listed in Subsection (a), 1-19 regardless of whether the individual died in the course of duty as 1-20 a peace officer or firefighter, the state shall provide, at no 1-21 cost, to the individual's next of kin: 1-22 (1) a state flag that has flown over the Capitol; and 1-23 (2) a letter from the office of the governor 1-24 expressing condolences and gratitude on behalf of the governor and 2-1 the people of Texas for the individual's service as a Texas peace 2-2 officer or firefighter. 2-3 (c) The state flag shall be presented from the office of the 2-4 governor to the individual's next of kin by: 2-5 (1) a representative of the political subdivision or 2-6 organization in which the individual served as a peace officer or 2-7 firefighter or retired from service as a peace officer or 2-8 firefighter; or 2-9 (2) a representative of the state. 2-10 SECTION 2. Subchapter I, Chapter 651, Occupations Code, is 2-11 amended by adding Section 651.408 to read as follows: 2-12 Sec. 651.408. NOTICE OF DECEASED PEACE OFFICER OR 2-13 FIREFIGHTER. A funeral director shall make reasonable efforts to 2-14 determine whether a deceased person being prepared by the funeral 2-15 director for burial or other disposition was a peace officer or 2-16 firefighter. If the deceased person is known or suspected by the 2-17 funeral director to have been a peace officer or firefighter, the 2-18 funeral director shall: 2-19 (1) contact the Commission on Law Enforcement Officer 2-20 Standards and Education, if the funeral director knows or suspects 2-21 the deceased person was a peace officer, or contact the Texas 2-22 Commission on Fire Protection, if the funeral director knows or 2-23 suspects the deceased person was a firefighter, to verify the 2-24 status of the individual as an active or retired peace officer or 2-25 firefighter at the time of the individual's death and determine 2-26 with whom the individual served as a peace officer or firefighter; 2-27 and 3-1 (2) notify the state, the political subdivision, or 3-2 the organization in which the individual most recently served as a 3-3 peace officer or firefighter of the individual's death not later 3-4 than the 30th day after the date the funeral director learns of the 3-5 individual's death. 3-6 SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is 3-7 amended by adding Section 1701.161 to read as follows: 3-8 Sec. 1701.161. NOTICE REGARDING DECEASED PEACE OFFICER. If 3-9 the commission is notified of the death of a current or retired 3-10 peace officer, the commission shall promptly: 3-11 (1) notify the office of the governor; and 3-12 (2) notify the state representative and state senator 3-13 for the district in which the deceased officer most recently 3-14 resided. 3-15 SECTION 4. Subchapter Z, Chapter 419, Government Code, is 3-16 amended by adding Section 419.908 to read as follows: 3-17 Sec. 419.908. NOTICE REGARDING DECEASED FIREFIGHTER. If the 3-18 commission is notified of the death of a current or retired paid or 3-19 volunteer firefighter, the commission shall promptly: 3-20 (1) notify the office of the governor; and 3-21 (2) notify the state representative and state senator 3-22 for the district in which the deceased firefighter most recently 3-23 resided. 3-24 SECTION 5. This Act takes effect September 1, 2001. Section 3-25 1 of this Act applies only to a person who dies on or after 3-26 September 1, 2001. Section 2 of this Act applies only to a funeral 3-27 director who prepares a deceased person for burial or other 4-1 disposition on or after September 1, 2001.