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