HBA-TBM H.B. 815 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 815
By: Bailey
State Affairs
3/7/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the family of a deceased veteran is presented with a United
States flag by an honor guard, upon request.  However, current Texas law
does not provide for the presentation of the state flag to the family of a
deceased peace officer or retired peace officer.  House Bill 815 provides
for the presentation of the state flag to the family of a deceased peace
officer or retired peace officer.   

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. 

ANALYSIS

House Bill 815 amends the Government and Occupation codes to create
regulations for the presentation of the state flag to survivors of deceased
peace officers.  The bill requires the state, at no cost, to provide, on
the death of a peace officer or retired peace officer, to the individual's
next of kin, the state flag and a letter expressing gratitude on behalf of
the people of the state for the officer's service as a peace officer. The
bill requires that the state flag be presented by a representative of the
state or a representative of the political subdivision in which the
individual served as a peace officer.  The bill requires a funeral director
to make reasonable efforts to determine whether a deceased person being
prepared by the funeral director for burial or other disposition was a
peace officer.  The bill requires a funeral director who knows or suspects
a deceased person was a peace officer to contact the Commission on Law
Enforcement Officer Standards and Education to verify the status of the
individual as an active or retired peace officer at the time of the
individual's death, and to determine with whom the individual served as a
peace officer.  The bill also requires the funeral director to notify the
state or the political subdivision in which the individual most recently
served as a peace officer of the individual's death.   

EFFECTIVE DATE

September 1, 2001.