C.S.H.B. 1937 78(R)    BILL ANALYSIS


C.S.H.B. 1937
By: Gallego
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Since September 11, 2001, the focus of public attention has been on the
sacrifices called for and made by first responders that serve our state
and its citizens.  The State of Texas does not currently have a process to
officially honor these men and women who sustain serious or fatal injuries
in the line of duty.  CSHB 1937 creates the Star of Texas Awards which can
be awarded  to the next of kin of those killed, or those who die as a
result of wounds received in the line of duty, or to a surviving first
responder who has been severely wounded in the line of duty. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle A, Title 11, Government Code, by adding a new
Chapter 3105 as follows: 

Chapter 3105.  STAR OF TEXAS AWARDS.

Sec. 3105.001.  DEFINITIONS. This section defines "emergency medical first
responder" as an employee or volunteer of the state, a political
subdivision, or an emergency medical services provider who provides urgent
on-site medical care to the sick or injured; clarifies that the term
"firefighter" also includes those who are volunteer firefighters; and
defines "peace officer" as a peace officer commissioned by the state or a
political subdivision of the state under Article 2.12, Code of Criminal
Procedure, or other law. 

Sec. 3105.002.  PEACE OFFICERS' STAR OF TEXAS AWARD.  Provides that the
Peace Officers' Star of Texas Award may be awarded to a peace officer who
is seriously injured in the line of duty or to the surviving next of kin
of a peace officer who is killed or sustains a fatal injury in the line of
duty.  This section requires that the Peace Star of Texas Award Advisory
Committee advise the governor on the issuance, design, and presentation of
the Peace Officers' Star of Texas Award and  that the committee consist of
three current or retired peace officers appointed by the governor who have
each served with distinction during a lengthy career as a peace officer. 

Sec. 3105.003.  FIREFIGHTERS' STAR OF TEXAS AWARD.  This section provides
that the Firefighters' Star of Texas Award may be awarded to a firefighter
who is seriously injured in the line of duty or to the surviving next of
kin of a firefighter who is killed or sustains a fatal injury in the line
of duty.  This section requires that the Firefighters' Star of Texas Award
Advisory Committee advise the governor on the issuance, design, and
presentation of the Firefighters' Star of Texas Award and that the
committee consist of three current or retired firefighters appointed by
the governor who have each served with distinction during a lengthy career
as a firefighter. 

Sec. 3105.004.  FIRST RESPONDERS' STAR OF TEXAS AWARD.   This section
provides that the First Responders' Star of Texas Award may be awarded to
an emergency medical first responder who is seriously injured in the line
of duty or the surviving next of kin of an emergency medical responder who
is killed or sustains a fatal injury in the line of duty.  This section
requires that the  First Responders' Star of Texas Award Advisory
Committee advise the governor on the issuance, design, and presentation of
the First Responders' Star of Texas Award, and that the committee consist
of three current or retired first responders appointed by the governor who
have each served with distinction during a lengthy career as a first
responder. 

Sec. 3105.005.  GENERAL MATTERS AFFECTING ADVISORY COMMITTEE.  This
section provides that the length of service for each member, and the
presiding officer of each advisory committee be left to the will of the
governor.  This section also states that a member of an advisory committee
may not receive compensation for his duty as a committee advisor, but is
entitled  to reimbursement of the travel expenses incurred while he or she
conducts the business of the committee.   

An advisory committee is not subject to Chapter 2110 of the Government
Code. 

Sec. 3105.006.  PRESENTATION; AWARD.  This section provides that the
governor, or a representative of the governor, present in the name of the
state a star of Texas award under this chapter to the appropriate,
qualified recipient or their surviving next of kin during a public
ceremony. This section requires that the award consist, at a minimum, of a
medal, a certificate, and a ribbon suitable for wearing on a uniform. 

Sec. 3105.007.  RECOMMENDATION OF AWARD.  This section provides that any
person having knowledge of a peace officer, firefighter, or emergency
medical first responder who has been seriously injured, killed, or
sustained fatal injuries may submit a recommendation in writing to the
appropriate committee under this chapter. 

SECTION 2.  This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution.  If this Act does not receive
the vote necessary for immediate effect, this Act takes effect September
1, 20003. 


EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE


The substitute changes the name of the award from 'Texas Memorial Medal of
Valor' to 'Star of Texas Award'.  

The substitute clarifies the definition of an 'Emergency medical first
responder'. 

The substitute adds wording to allow the Award to be presented to those
who 'sustain a fatal injury in the line of duty' in addition to those who
are killed in the line of duty as stated in the original bill. 

The substitute allows members of the advisory committee to be reimbursed
for expenses incurred by the member while conducting the business of the
committee.  The original bill did not allow compensation.