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.