1-1     By:  Whitmire                                         S.B. No. 1211
 1-2           (In the Senate - Filed March 7, 2001; March 8, 2001, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1211                By:  Gallegos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the presentation of the state flag to survivors of
1-11     deceased peace officers.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter E, Chapter 615, Government Code, is
1-14     amended by adding Section 615.105 to read as follows:
1-15           Sec. 615.105.  PRESENTATION OF STATE FLAG.  (a)  This section
1-16     applies only to:
1-17                 (1)  an individual elected, appointed, or employed as a
1-18     peace officer by the state or a political subdivision of the state,
1-19     under Article 2.12, Code of Criminal Procedure, or other law; or
1-20                 (2)  an individual who retired from a position
1-21     described by Subdivision (1).
1-22           (b)  On the death of an individual listed in Subsection (a),
1-23     regardless of whether the individual died in the course of duty as
1-24     a peace officer, the state shall provide, at no cost, to the
1-25     individual's next of kin:
1-26                 (1)  a state flag that has flown over the Capitol; and
1-27                 (2)  a letter from the office of the governor
1-28     expressing condolences and gratitude on behalf of the governor and
1-29     the people of Texas for the officer's service as a Texas peace
1-30     officer.
1-31           (c)  The state flag shall be presented from the office of the
1-32     governor to the individual's next of kin by:
1-33                 (1)  a representative of the political subdivision in
1-34     which the individual served as a peace officer or retired from
1-35     service as a peace officer; or
1-36                 (2)  a representative of the state.
1-37           SECTION 2.  Subchapter I, Chapter 651, Occupations Code, is
1-38     amended by adding Section 651.408 to read as follows:
1-39           Sec. 651.408.  NOTICE OF DECEASED PEACE OFFICER.  A funeral
1-40     director shall make reasonable efforts to determine whether a
1-41     deceased person being prepared by the funeral director for burial
1-42     or other disposition was a peace officer.  If the deceased person
1-43     is known or suspected by the funeral director to have been a peace
1-44     officer, the funeral director shall:
1-45                 (1)  contact the Commission on Law Enforcement Officer
1-46     Standards and Education to verify the status of the individual as
1-47     an active or retired peace officer at the time of the individual's
1-48     death and determine with whom the individual served as a peace
1-49     officer; and
1-50                 (2)  notify the state or the political subdivision in
1-51     which the individual most recently served as a peace officer of the
1-52     individual's death not later than the 30th day after the date the
1-53     funeral director learns of the individual's death.
1-54           SECTION 3.  Subchapter D, Chapter 1701, Occupations Code, is
1-55     amended by adding Section 1701.160 to read as follows:
1-56           Sec. 1701.160.  NOTICE REGARDING DECEASED PEACE OFFICER.  If
1-57     the commission is notified of the death of a current or retired
1-58     peace officer, the commission shall promptly:
1-59                 (1)  notify the office of the governor; and
1-60                 (2)  notify the state representative and state senator
1-61     for the district in which the deceased officer most recently
1-62     resided.
1-63           SECTION 4.  This Act takes effect September 1, 2001.  Section
1-64     1 of this Act applies only to a person who dies on or after
 2-1     September 1, 2001.  Section 2 of this Act applies only to a funeral
 2-2     director who prepares a deceased person for burial or other
 2-3     disposition on or after September 1, 2001.
 2-4                                  * * * * *