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