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78R2246 YDB-D
By: Ellis H.B. No. 2618
A BILL TO BE ENTITLED
AN ACT
relating to the provision of state flags on the death of certain
current or former custodial employees of the Texas Department of
Criminal Justice and fire protection employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 615.105, Government Code, is amended to
read as follows:
Sec. 615.105. PROVISION OF STATE FLAG. (a) This section
applies only to:
(1) an individual who is:
(A) elected, appointed, or employed as a peace
officer by the state or a political subdivision of the state under
Article 2.12, Code of Criminal Procedure, or other law;
(B) a fire protection employee described by
Section 615.003(10) or (11); or
(C) an employee designated as custodial
personnel of the Texas Department of Criminal Justice described by
Section 615.003(6); or
(2) an individual who formerly held a position
described by Subdivision (1).
(b) On the death of an individual listed in Subsection (a),
regardless of whether the individual died in the course of duty as a
peace officer, fire protection employee, or custodial employee, the
individual's next of kin may receive on request a state flag from:
(1) the Commission on Law Enforcement Officer
Standards and Education for an individual who was a peace officer;
(2) the Texas Commission on Fire Protection for an
individual who was a fire protection employee; or
(3) the Texas Department of Criminal Justice for an
individual who was a custodial employee.
(c) If the office of the governor is notified of the death of
an individual listed in Subsection (a) by the Commission on Law
Enforcement Officer Standards and Education under Section
1701.161, Occupations Code, by the Texas Commission on Fire
Protection under Section 419.012, Government Code, or by the Texas
Department of Criminal Justice under Section 493.026, Government
Code, the office of the governor shall send to the individual's next
of kin a certificate that expresses condolences and gratitude on
behalf of the governor and the people of Texas for the individual's
service as a Texas peace officer, a Texas fire protection employee,
or a custodial employee of the Texas Department of Criminal
Justice.
SECTION 2. Subchapter A, Chapter 419, Government Code, is
amended by adding Section 419.012 to read as follows:
Sec. 419.012. PROVISION OF STATE FLAG TO NEXT OF KIN OF
DECEASED FIRE PROTECTION EMPLOYEE. (a) If the next of kin of a
deceased fire protection employee covered by Section 615.105
requests a state flag, the commission shall:
(1) provide a state flag, at no cost to the next of
kin, if the employee was a current or former fire protection
employee at the time of death; and
(2) notify the office of the governor of the death of
the fire protection employee.
(b) The commission may apply for and accept gifts and grants
from public and private entities on behalf of the Texas fire
protection employee flag account.
(c) The commission shall deposit any gift or grant accepted
by the commission under Subsection (b) to the credit of the Texas
fire protection employee flag account. The Texas fire protection
employee flag account is a special account in the general revenue
fund. Money in the account may be appropriated only to the
commission for the purpose of implementing this section. Interest
earned on money in the Texas fire protection employee flag account
shall be credited to the account.
SECTION 3. Chapter 493, Government Code, is amended by
adding Section 493.026 to read as follows:
Sec. 493.026. PROVISION OF STATE FLAG TO NEXT OF KIN OF
DECEASED CUSTODIAL EMPLOYEE. (a) If the next of kin of a deceased
custodial employee covered by Section 615.105 requests a state
flag, the department shall:
(1) provide a state flag, at no cost to the next of
kin, if the employee was a current or former custodial employee at
the time of death; and
(2) notify the office of the governor of the death of
the custodial employee.
(b) The department may apply for and accept gifts and grants
from public and private entities on behalf of the Texas custodial
personnel flag account.
(c) The department shall deposit any gift or grant accepted
by the department under Subsection (b) to the credit of the Texas
custodial personnel flag account. The Texas custodial personnel
flag account is a special account in the general revenue fund. Money
in the account may be appropriated only to the department for the
purpose of implementing this section. Interest earned on money in
the Texas custodial personnel flag account shall be credited to the
account.
SECTION 4. Section 497.031, Government Code, is amended to
read as follows:
Sec. 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The
department shall sell state flags to the Commission on Law
Enforcement Officer Standards and Education and the Texas
Commission on Fire Protection at a price that does not exceed the
department's cost in producing or obtaining the state flags. The
department shall produce or obtain state flags for its own use under
Section 493.026.
SECTION 5. Section 191.025(f), Health and Safety Code, is
amended to read as follows:
(f) The department shall require that the form for the
registration of deaths must include the question, "Was the decedent
ever a peace officer or fire protection employee in this state or
ever a custodial employee of the Texas Department of Criminal
Justice?"
SECTION 6. Section 651.408, Occupations Code, as added by
Chapter 476, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 651.409, Occupations Code, and amended to
read as follows:
Sec. 651.409 [651.408]. NOTICE TO NEXT OF KIN OF DECEASED
PEACE OFFICER, FIRE PROTECTION EMPLOYEE, OR CUSTODIAL EMPLOYEE. A
funeral director who prepares a deceased peace officer, fire
protection employee, or custodial employee of the Texas Department
of Criminal Justice covered by Section 615.105, Government Code,
for burial or other disposition shall make every effort to advise
the next of kin of the deceased person [officer] that the next of
kin of a person who was a peace officer, fire protection employee,
or custodial employee or a former peace officer, fire protection
employee, or custodial employee at the time of death is eligible on
request to receive, at no cost to the next of kin, a state flag from:
(1) the Commission on Law Enforcement Officer
Standards and Education for a person who was a peace officer;
(2) the Texas Commission on Fire Protection for a
person who was a fire protection employee; or
(3) the Texas Department of Criminal Justice for a
person who was a custodial employee [at no cost to the next of kin].
SECTION 7. The Texas Department of Health is not required to
implement the changes made by this Act to Section 191.025(f),
Health and Safety Code, until the next time the department is
otherwise requiring a revision to the form for the registration of
deaths.
SECTION 8. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by this Act to Section 615.105,
Government Code, and Section 651.408, Occupations Code, as added by
Chapter 476, Acts of the 77th Legislature, Regular Session, 2001,
apply only in connection with a current or former custodial
employee of the Texas Department of Criminal Justice or fire
protection employee who dies on or after the effective date of this
Act.