1-1     By:  Bailey, Merritt, Tillery                          H.B. No. 815
 1-2          (Senate Sponsor - Whitmire)
 1-3           (In the Senate - Received from the House April 24, 2001;
 1-4     April 25, 2001, read first time and referred to Committee on State
 1-5     Affairs; May 7, 2001, reported adversely, with favorable Committee
 1-6     Substitute by the following vote:  Yeas 7, Nays 0; May 7, 2001,
 1-7     sent to printer.)
 1-8     COMMITTEE SUBSTITUTE FOR H.B. No. 815                By:  Shapleigh
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to providing the state flag and a certificate of gratitude
1-12     to the survivors of deceased peace officers.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter E, Chapter 615, Government Code, is
1-15     amended by adding Section 615.105 to read as follows:
1-16           Sec. 615.105.  PROVISION OF STATE FLAG.  (a)  This section
1-17     applies only to:
1-18                 (1)  an individual elected, appointed, or employed as a
1-19     peace officer by the state or a political subdivision of the state
1-20     under Article 2.12, Code of Criminal Procedure, or other law; or
1-21                 (2)  an individual who formerly held a position
1-22     described by Subdivision (1).
1-23           (b)  On the death of an individual listed in Subsection (a),
1-24     regardless of whether the individual died in the course of duty as
1-25     a peace officer, the individual's next of kin may receive on
1-26     request a state flag from the Commission on Law Enforcement Officer
1-27     Standards and Education.
1-28           (c)  If the office of the governor is notified of the death
1-29     of an individual listed in Subsection (a) by the Commission on Law
1-30     Enforcement Officer Standards and Education under Section 1701.160,
1-31     Occupations Code, the office of the governor shall send to the
1-32     individual's next of kin a certificate that expresses condolences
1-33     and gratitude on behalf of the governor and the people of Texas for
1-34     the individual's service as a Texas peace officer.
1-35           SECTION 2.  Subchapter B, Chapter 497, Government Code, is
1-36     amended by adding Section 497.031 to read as follows:
1-37           Sec. 497.031.  SALE OF STATE FLAGS TO STATE AGENCY.  The
1-38     department shall sell state flags to the Commission on Law
1-39     Enforcement Officer Standards and Education at a price that does
1-40     not exceed the department's cost in producing or obtaining the
1-41     state flags.
1-42           SECTION 3.  Section 191.025, Health and Safety Code, is
1-43     amended by adding Subsection (f) to read as follows:
1-44           (f)  The department shall require that the form for the
1-45     registration of deaths must include the question, "Was the decedent
1-46     ever a peace officer in this state?".
1-47           SECTION 4.  Subchapter I, Chapter 651, Occupations Code, is
1-48     amended by adding Section 651.408 to read as follows:
1-49           Sec. 651.408.  NOTICE TO NEXT OF KIN OF DECEASED PEACE
1-50     OFFICER.  A funeral director who prepares a deceased peace officer
1-51     for burial or other disposition shall make every effort to advise
1-52     the next of kin of the officer that the next of kin of a person who
1-53     was a peace officer or a former peace officer at the time of death
1-54     is eligible on request to receive a state flag from the Commission
1-55     on Law Enforcement Officer Standards and Education at no cost to
1-56     the next of kin.
1-57           SECTION 5.  Subchapter D, Chapter 1701, Occupations Code, is
1-58     amended by adding Section 1701.160 to read as follows:
1-59           Sec. 1701.160.  PROVISION OF STATE FLAG TO NEXT OF KIN OF
1-60     DECEASED PEACE OFFICER.  (a)  If the next of kin of a deceased
1-61     peace officer requests a state flag, the commission shall:
1-62                 (1)  provide a state flag, at no cost to the next of
1-63     kin, if the peace officer was a current or former peace officer at
1-64     the time of the officer's death; and
 2-1                 (2)  notify the office of the governor of the death of
 2-2     the peace officer.
 2-3           (b)  The commission may apply for and accept gifts and grants
 2-4     from public and private entities on behalf of the Texas peace
 2-5     officer flag account.
 2-6           (c)  The commission shall deposit any gift or grant accepted
 2-7     by the commission under Subsection (b) to the credit of the Texas
 2-8     peace officer flag account.  The Texas peace officer flag account
 2-9     is a special account in the general revenue fund.  Money in the
2-10     account may be appropriated only to the commission for the purpose
2-11     of implementing this section.  Interest earned on money in the
2-12     Texas peace officer flag account shall be credited to the account.
2-13           SECTION 6.  The Texas Department of Health is not required to
2-14     implement Section 191.025(f), Health and Safety Code, as added by
2-15     this Act, until the next time at which the department is otherwise
2-16     requiring a revision to the form for the registration of deaths.
2-17           SECTION 7.  This Act takes effect September 1, 2001.  Section
2-18     615.105, Government Code, as added by this Act, applies only to a
2-19     current or former peace officer who dies on or after September 1,
2-20     2001.  Section 651.408, Occupations Code, as added by this Act,
2-21     applies only to a funeral director who prepares a deceased person
2-22     for burial or other disposition on or after September 1, 2001.
2-23                                  * * * * *