77R10297 ATP-D
By Bailey H.B. No. 815
Substitute the following for H.B. No. 815:
By Wolens C.S.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.
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; or
1-12 (2) an individual who retired from 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 state shall provide, at no cost, to the
1-17 individual's next of kin:
1-18 (1) a state flag that has flown over the Capitol; and
1-19 (2) a letter from the office of the governor
1-20 expressing condolences and gratitude on behalf of the governor and
1-21 the people of Texas for the officer's service as a Texas peace
1-22 officer.
1-23 (c) The state flag shall be presented from the office of the
1-24 governor to the individual's next of kin by:
2-1 (1) a representative of the political subdivision in
2-2 which the individual served as a peace officer or retired from
2-3 service as a peace officer; or
2-4 (2) a representative of the state.
2-5 SECTION 2. Subchapter I, Chapter 651, Occupations Code, is
2-6 amended by adding Section 651.408 to read as follows:
2-7 Sec. 651.408. NOTICE OF DECEASED PEACE OFFICER. A funeral
2-8 director shall make reasonable efforts to determine whether a
2-9 deceased person being prepared by the funeral director for burial
2-10 or other disposition was a peace officer. If the deceased person
2-11 is known or suspected by the funeral director to have been a peace
2-12 officer, the funeral director shall:
2-13 (1) contact the Commission on Law Enforcement Officer
2-14 Standards and Education to verify the status of the individual as
2-15 an active or retired peace officer at the time of the individual's
2-16 death and determine with whom the individual served as a peace
2-17 officer; and
2-18 (2) notify the state or the political subdivision in
2-19 which the individual most recently served as a peace officer of the
2-20 individual's death not later than the 30th day after the date the
2-21 funeral director learns of the individual's death.
2-22 SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is
2-23 amended by adding Section 1701.160 to read as follows:
2-24 Sec. 1701.160. NOTICE REGARDING DECEASED PEACE OFFICER. If
2-25 the commission is notified of the death of a current or retired
2-26 peace officer, the commission shall promptly:
2-27 (1) notify the office of the governor; and
3-1 (2) notify the state representative and state senator
3-2 for the district in which the deceased officer most recently
3-3 resided.
3-4 SECTION 4. This Act takes effect September 1, 2001. Section
3-5 1 of this Act applies only to a person who dies on or after
3-6 September 1, 2001. Section 2 of this Act applies only to a funeral
3-7 director who prepares a deceased person for burial or other
3-8 disposition on or after September 1, 2001.