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 * * * * *