HBA-DMD C.S.H.B. 2997 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2997
By: Culberson
State, Federal, & International Relations
4/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.B. 2997 ensures that the state flag is of the same colors as those
used in the United State flag. This bill lays out specifications for the
governor's flag. This bill establishes a state motto, state bird, and a
state flower. It also sets forth Lamar Day, Sam Houston Day, Alamo Heroes
Day, and Lorenzo De Zavala Day as days to be regularly observed.  

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 Subsection (d), Article 6139a, V.T.C.S. (Description of
the State Flag), to set forth that the red and blue colors of the state
flag are the same colors used in the United States flag and are defined as
numbers 193, rather than 80108 (red), and 281, rather than 80075 (dark
blue), of the Pantone Matching System, rather than the Standard Color
Reference of America, 10th edition.  

SECTION 2.  Amends Subsection (b), Article 6139b, V.T.C.S. (Pledge of
Allegiance to the State Flag), to provide that individuals who are not
citizens of this state should remain silent and stand at attention during
the pledge of allegiance to the state flag.  

SECTION 3.  Amends Sections (3)(d) and (s), Article 6139c, V.T.C.S. (Texas
Flag Code), to include national holidays as times when the state flag
should be displayed. Provides that the state flag should be displayed at
half-staff on Peace Officers Memorial Day (May 15), unless that day is also
Armed Forces Day.  

SECTION 4.  Amends Article 6139d, V.T.C.S. (Flag of the Governor), as
follows: 

Art. 6139d. FLAG OF THE GOVERNOR. Sets forth that the flag of the governor
is the 1839 pilot flag of the Republic of Texas. Sets forth the description
of the flag of the governor. Authorizes the flag of the governor, when
displayed permanently mounted on a staff, as for indoor or parade use, to
be decorated with gold fringe and the staff to be decorated with gold cords
and tassels. Provides that when the flag of the governor is displayed on a
staff, the staff should be at least 2 and one-half times as long as the
flag's hoist, and the flag should be attached to the staff's peak. Provides
that the staff's finial should be either a lone star or a spearhead.
Authorizes the governor to prescribe any changes relating to the
description or display of the flag of the governor that the governor
considers appropriate. Requires the governor to set forth any changes,
rather than the description of the flag, in an executive order published in
the Texas Register. Deletes text authorizing the governor to adopt a flag
for the governor's official use. 

SECTION 5.  Amends Title 106, V.T.C.S., by adding Article 6139g, as
follows:   

Art. 6139g. STATE MOTTO. Sets forth "friendship" as the state motto.

SECTION 6.  Amends Title 106, V.T.C.S., by adding Article 6139h, as follows:
 
Art. 6139h. STATE BIRD. Sets forth that the mockingbird is the state bird. 

SECTION 7.  Amends Title 106, V.T.C.S., by adding Article 6139i, as follows:

Art. 6139i. STATE FLOWER. Sets forth that the bluebonnet is the state
flower.  

SECTION 8.  Amends Article 6143, V.T.C.S., as follows:

Art. 6139j. STATE TREE. Deletes text requiring the State Board of Control
and the State Parks Board to give due consideration to the Pecan Tree when
planning beautification of State Parks or other public property belonging
to the State. Redesignated from Article 6143, V.T.C.S. 

SECTION 9.  Amends Subchapter C, Chapter 662, Government Code, by adding
Sections 662.046-662.049, as follows: 

Sec. 662.046. LAMAR DAY. Sets forth that January 26 is Lamar Day in memory
of Mirabeau B. Lamar. Requires Lamar Day to be regularly observed by
appropriate programs in the public schools and other places.  

Sec. 662.047. SAM HOUSTON DAY. Sets forth that March 2 is Sam Houston Day.
Requires Sam Houston Day to be regularly observed by appropriate programs
in the public schools and other places.  

Sec. 662.048. ALAMO HEROES DAY. Sets forth that March 6 is Alamo Heroes
Day. Requires Alamo Heroes Day to be regularly observed by appropriate and
patriotic programs in the public schools and other places.  

Sec. 662.049. LORENZO DE ZAVALA DAY. Sets forth that October 3 is Lorenzo
de Zavala Day in memory of Manuel Lorenzo Justiniano de Zavala y Saenz.
Requires Lorenzo de Zavala Day to be regularly observed by appropriate
programs in the public schools and other places.  

SECTION 10.  Provides that it is the intent of the legislature that the
General Services Commission, the Parks and Wildlife Department, and other
state agencies continue to give due consideration to the state tree and the
state flower when planning beautification of state parks or other public
property.  

SECTION 11.Emergency clause.
  Effective date: 90 days after adjournment.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute removes proposed Section 662.047, Government Code, in
SECTION 9, which set forth February 19 as Texas Statehood Day. This
substitute redesignates proposed Sections 662.048662.050 of the original
bill to proposed Sections 662.047-662.049, of the substitute, respectively.