H.B. No. 2769




AN ACT
relating to the presentation of state flags to survivors of certain deceased honorably retired peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 615.105(a), Government Code, is amended to read as follows: (a) This section applies only to: (1) an individual elected, appointed, or employed as a peace officer by the state or a political subdivision of the state under Article 2.12, Code of Criminal Procedure, or other law; or (2) an honorably retired peace officer [individual] who formerly held a position described by Subdivision (1) and voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state. SECTION 2. Section 191.025(f), Health and Safety Code, is amended to read as follows: (f) The department shall require that the form for the registration of deaths must include the question, "Was the decedent [ever] a peace officer or an honorably retired peace officer in this state?". SECTION 3. Section 651.409, Occupations Code, is amended to read as follows: Sec. 651.409. NOTICE TO NEXT OF KIN OF DECEASED PEACE OFFICER. A funeral director who prepares a deceased peace officer for burial or other disposition shall make every effort to advise the next of kin of the officer that the next of kin of a person who at the time of death was a peace officer or an honorably retired [a former] peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state [at the time of death] is eligible on request to receive a state flag from the Commission on Law Enforcement Officer Standards and Education at no cost to the next of kin. SECTION 4. Section 1701.161(a), Occupations Code, is amended to read as follows: (a) If the next of kin of a deceased peace officer requests a state flag, the commission shall: (1) provide a state flag, at no cost to the next of kin, if the peace officer was: (A) a current [or former] peace officer at the time of the officer's death; or (B) an honorably retired peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state; and (2) notify the office of the governor of the death of the peace officer. SECTION 5. The Department of State Health Services is not required to implement Section 191.025(f), Health and Safety Code, as amended by this Act, until the next time at which the department is otherwise requiring a revision to the form for the registration of deaths. SECTION 6. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2769 was passed by the House on May 13, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 2769 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor