1-1 AN ACT 1-2 relating to providing the state flag and a certificate of gratitude 1-3 to the survivors of deceased peace officers. 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. PROVISION 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; or 1-12 (2) an individual who formerly held a position 1-13 described by Subdivision (1). 1-14 (b) On the death of an individual listed in Subsection (a), 1-15 regardless of whether the individual died in the course of duty as 1-16 a peace officer, the individual's next of kin may receive on 1-17 request a state flag from the Commission on Law Enforcement Officer 1-18 Standards and Education. 1-19 (c) If the office of the governor is notified of the death 1-20 of an individual listed in Subsection (a) by the Commission on Law 1-21 Enforcement Officer Standards and Education under Section 1701.161, 1-22 Occupations Code, the office of the governor shall send to the 1-23 individual's next of kin a certificate that expresses condolences 1-24 and gratitude on behalf of the governor and the people of Texas for 2-1 the individual's service as a Texas peace officer. 2-2 SECTION 2. Subchapter B, Chapter 497, Government Code, is 2-3 amended by adding Section 497.031 to read as follows: 2-4 Sec. 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The 2-5 department shall sell state flags to the Commission on Law 2-6 Enforcement Officer Standards and Education at a price that does 2-7 not exceed the department's cost in producing or obtaining the 2-8 state flags. 2-9 SECTION 3. Section 191.025, Health and Safety Code, is 2-10 amended by adding Subsection (f) to read as follows: 2-11 (f) The department shall require that the form for the 2-12 registration of deaths must include the question, "Was the decedent 2-13 ever a peace officer in this state?". 2-14 SECTION 4. Subchapter I, Chapter 651, Occupations Code, is 2-15 amended by adding Section 651.408 to read as follows: 2-16 Sec. 651.408. NOTICE TO NEXT OF KIN OF DECEASED PEACE 2-17 OFFICER. A funeral director who prepares a deceased peace officer 2-18 for burial or other disposition shall make every effort to advise 2-19 the next of kin of the officer that the next of kin of a person who 2-20 was a peace officer or a former peace officer at the time of death 2-21 is eligible on request to receive a state flag from the Commission 2-22 on Law Enforcement Officer Standards and Education at no cost to 2-23 the next of kin. 2-24 SECTION 5. Subchapter D, Chapter 1701, Occupations Code, is 2-25 amended by adding Section 1701.161 to read as follows: 2-26 Sec. 1701.161. PROVISION OF STATE FLAG TO NEXT OF KIN OF 2-27 DECEASED PEACE OFFICER. (a) If the next of kin of a deceased peace 3-1 officer requests a state flag, the commission shall: 3-2 (1) provide a state flag, at no cost to the next of 3-3 kin, if the peace officer was a current or former peace officer at 3-4 the time of the officer's death; and 3-5 (2) notify the office of the governor of the death of 3-6 the peace officer. 3-7 (b) The commission may apply for and accept gifts and grants 3-8 from public and private entities on behalf of the Texas peace 3-9 officer flag account. 3-10 (c) The commission shall deposit any gift or grant accepted 3-11 by the commission under Subsection (b) to the credit of the Texas 3-12 peace officer flag account. The Texas peace officer flag account 3-13 is a special account in the general revenue fund. Money in the 3-14 account may be appropriated only to the commission for the purpose 3-15 of implementing this section. Interest earned on money in the 3-16 Texas peace officer flag account shall be credited to the account. 3-17 SECTION 6. The Texas Department of Health is not required to 3-18 implement Section 191.025(f), Health and Safety Code, as added by 3-19 this Act, until the next time at which the department is otherwise 3-20 requiring a revision to the form for the registration of deaths. 3-21 SECTION 7. This Act takes effect September 1, 2001. Section 3-22 615.105, Government Code, as added by this Act, applies only to a 3-23 current or former peace officer who dies on or after September 1, 3-24 2001. Section 651.408, Occupations Code, as added by this Act, 3-25 applies only to a funeral director who prepares a deceased person 3-26 for burial or other disposition on or after September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 815 was passed by the House on April 23, 2001, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 815 on May 17, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 815 was passed by the Senate, with amendments, on May 15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor