BILL ANALYSIS

 

 

Senate Research Center	S.B. 1968
	By: Zaffirini
	Veteran Affairs & Border Security
	4/3/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The state last updated the Texas flag code to conform with the United States flag code in 1993. Since then, however, the federal code has been amended, particularly with regard to military salutes made by veterans and members of the military who are not in uniform at patriotic ceremonies. Accordingly, S.B. 1968 would update Texas law with more recent changes to the federal code.

 

For example, to mirror the federal code, S.B. 1968 would clarify that a veteran or a member of the military who is not in uniform may make the military salute during the ceremony of hoisting or lowering the state flag or if the flag is passing in a parade or in review; may make the military salute and recite the pledge to the state flag; may make the military salute at the appropriate time during a retirement ceremony for the state flag; and may make the military salute during a performance of the state song.

 

What's more, S.B. 1968 would replace an erroneous reference to "the space station at Houston" with "the Johnson Space Center in Houston" in the language regarding the official retirement ceremony for the state flag.

 

As proposed, S.B. 1968 amends current law relating to the state flag code.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 3100.068(b), Government Code, as follow:

 

(b) Authorizes each person who is present, not in uniform, and a member of the armed forces or a veteran, during the ceremony of hoisting or lowering the state flag or if the flag is passing in a parade or in review, to make the military salute. Redesignates existing Subdivision (3) as Subdivision (4). Makes a nonsubstantive change. Makes no further changes to this subdivision.

 

SECTION 2. Amends Section 3100.104, Government Code, as follows:

 

Sec. 3100.104. RECITING PLEDGE. Authorizes each person who is present and not in uniform and a member of the armed forces or a veteran, if the pledge to the state flag is recited, to make the military salute and recite the pledge. Redesignates existing Subdivision (2) as Subdivision (3). Makes a nonsubstantive change. Makes no further changes to this subdivision.

 

SECTION 3. Amends Sections 3100.152(b) and (d), Government Code, as follows:

 

(b) Authorizes each person who is present, not in uniform, and a member of the armed forces or a veteran, during a retirement ceremony, to make the military salute at the appropriate time as designated by the ceremony. Redesignates existing Subdivision (3) as Subdivision (4). Makes a nonsubstantive change.

 

(d) Provides that the official retirement ceremony for the state flag encouraged for public use includes I am at the Johnson Space Center in Houston, rather than the space station at Houston, and atop the oil wells of West Texas.

 

SECTION 4. Amends Section 3101.006(a), Government Code, as follows:

 

(a) Authorizes each person who is present, not in uniform, and a member of the armed forces or a veteran, during the performance of the state song, to make the military salute at the first note of the state song and retain that position until the last note. Redesignates existing Paragraph (C) as Paragraph (D). Makes a nonsubstantive change. Makes no further changes to this paragraph.

 

SECTION 5. Effective date: upon passage or September 1, 2017.