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.