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