BILL ANALYSIS

C.S.H.B. 3077

By: Miller, Rick

Defense & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Honor and Remember flag is an important symbol of unwavering support and commitment to those American men and women who have courageously given their lives in selfless service to the country.  Interested parties report that the Honor and Remember flag has already been adopted in more than 10 states. C.S.H.B. 3077 seeks to direct state office buildings, the State Cemetery, and each veterans cemetery managed by the Veterans' Land Board to display the Honor and Remember flag on specified days and when there is a state military casualty. 

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.

ANALYSIS

C.S.H.B. 3077 amends the Government Code to require the Honor and Remember flag to be displayed at each state office building, at the State Cemetery, and at each veterans cemetery managed by the Veterans' Land Board on certain days as specified by the bill and on any date on which a Texas resident is killed while serving on active duty in the U.S. military. The bill requires a facility that will not have staff available to display the Honor and Remember flag on a specified day to instead display the flag on the last preceding day the staff is available and to leave the flag on display on that day.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3077 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subtitle I, Title 10, Government Code, is amended by adding Section 2165.006.1 to read as follows: Sec. 2165.006.1  DISPLAY OF HONOR AND REMEMBER FLAG. (a) In this section, "Honor and Remember flat" means the Honor and Remember, Inc. flag. (b)  The Honor and Remember flag shall be displayed at each state office building on: (1)  The third Saturday in May, "Armed Forces Day"; (2)  the last Monday in May, "Memorial Day"; (3)  the 14th day in June, "Flag Da"; (4)  the fourth day of July, "Independence Day"; (5)  the 11th day of November, "Veterans Day"; (6)  National POW/MIA Recognition Day; (7)  the last Sunday in September, "Gold Star Mother's Day"; and (8)  Whenever there is a state military casualty.	SECTION 1.  Subchapter A, Chapter 2165, Government Code, is amended by adding Section 2165.0065 to read as follows: Sec. 2165.0065.  DISPLAY OF HONOR AND REMEMBER FLAG.  (a)  In this section, "Honor and Remember flag" means the Honor and Remember, Inc., flag. (b)  The Honor and Remember flag shall be displayed at each state office building, at the State Cemetery under Section 2165.256, and at each veterans cemetery managed by the Veterans' Land Board on: (1)  the third Saturday in May, "Armed Forces Day"; (2)  the last Monday in May, "Memorial Day"; (3)  the 14th day of June, "Flag Day"; (4)  the fourth day of July, "Independence Day"; (5)  the 11th day of November, "Veterans Day"; (6)  "National POW/MIA Recognition Day"; (7)  the last Sunday in September, "Gold Star Mother's Day"; and (8)  any date on which a resident of this state is killed while serving on active duty in the armed forces of the United States. (c)  If a facility to which Subsection (b) applies will not have staff available to display the Honor and Remember flag on the day provided by Subsection (b), the facility's staff shall display the flag on the last preceding day the staff is available and leave the flag on display on the day provided by Subsection (b).
SECTION 2.  The Honor and Remember flag is designated as the symbol of our State's concern and commitment to honoring and remembering the lives of all members of the United States Armed Forces who have lost their lives while serving or as a result of service and their families.	SECTION 2.  Substantially the same as introduced version.
SECTION 3.  The Honor and Remember flag's red field represents the blood shed by brave men and women who sacrificed their lives for freedom and the flag's white field and border recognizes the purity of that sacrifice. The flag's blue star is a symbol of active service in military conflict that dates back to World War I. The flag's gold star signifies the ultimate sacrifice of a warrior in active service who is not returning home and reflects the value of the life given. The folded flag element highlights this nation's final tribute to a fallen service member and a family's sacrifice. The flag's flame symbolizes the eternal spirit of the departed.	SECTION 3.  Substantially the same as introduced version.
SECTION 4.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.	No equivalent provision.
No equivalent provision.	SECTION 4.  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, 2013.