HBA-DMD C.S.H.B. 1649 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1649
By: Hunter
State, Federal, & International Relations
3/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, no written guidelines exist for the procedure for retiring a
Texas flag, other than the statement that when a flag is in such a
condition that it is no longer a fitting emblem for display, it should be
destroyed in a dignified way, preferably by burning, Texas Flag Code
(Article 6139c, V.T.C.S.). C.S.H.B. 1649 establishes recommended procedures
for retiring a state flag. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 6139c, V.T.C.S. (Texas Flag Code), by adding
Section 6, as follows: 

Sec. 6.  Sets forth that a state flag, when it is no longer used or is
useful as an emblem for display, should be destroyed, preferably by
burning, in a ceremony or other dignified way that emphasizes its honor as
a fitting emblem for this state. Encourages a retirement of a state flag to
be conducted in a public ceremony, although it may be conducted in a
private ceremony, under the direction of uniformed personnel representing a
state or national military service or a patriotic society.  Sets forth
recommended procedures to be used at a ceremony which retires a state flag.
Creates language encouraged for use at a retirement ceremony for a state
flag. 

SECTION 2.  Amends Sections 3(ff) and (gg), Article 6139c, V.T.C.S. (Texas
Flag Code), by deleting the text of Subsection (ff) which states that a
state flag should be destroyed in a dignified way, preferably by burning,
when the flag is in such a condition that it is no longer a fitting emblem
for display.  Redesignates Subsection (gg) to Subsection (ff). 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1649 differs from the original bill in SECTION 1 (Article 6139c,
V.T.C.S., Texas Flag Code) by modifying the language that is encouraged for
use at a retirement ceremony for a state flag.