HBA-EVB C.S.S.B. 483 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 483
By: Duncan
State, Federal, & International Relations
4/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Section 3(ff), Texas Flag Code (Article 6139c, V.T.C.S.), sets
forth provisions for the dignified burning of a Texas state flag upon its
retirement.  However, there is no standard ceremony used prior to burning
the flag.  C.S.S.B. 483 significantly expands and clarifies the official
guidelines for a flag retirement ceremony.  

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. (The Texas Flag Code), by adding
Section 6, as follows: 

Sec. 6.  (a)  Sets forth that a state flag, when it is no longer used or
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. 

(b)  Provides that a retirement ceremony for a state flag should be
conducted with the honor and respect inherent in the traditions of this
state.  Authorizes the state flag to be retired in a private ceremony, but
encourages that a retirement be a public ceremony under the direction of
uniformed personnel representing a state or national military service or a
patriotic society. 

(c)  Provides that during a retirement ceremony, a person in uniform should
render the military salute at the appropriate time as designated by the
ceremony.  Provides that a nonuniformed individual present should stand at
attention with the right hand over the heart.  Provides that when not in
uniform, an individual who is wearing a headdress that is easily removable
should remove the headdress with the right hand and hold the headdress at
the left shoulder, with the right hand over the heart.  Sets forth that an
individual who is not a citizen of this state should stand at attention. 

(d)  Authorizes the flag to be retired as a whole or authorizes the colors
of the flag to be separated for individual dedication, with the separation
taking place immediately before the retirement and dedication ceremony, in
a retirement ceremony in which the flag is to be either burned or buried. 

(e)  Sets forth the official retirement ceremony for the state flag
encouraged for public use. 

SECTION 2.  Amends Subsections (ff) and (gg), Section 3, Article 6139c,
V.T.C.S. (The Texas Flag Code), as follows: 

(ff)  Deletes text related to the dignified destruction of the state flag.
Redesignates existing Subsection (gg) as Subsection (ff). 

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

 
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.S.B. 483 differs from the original bill in SECTION 1 by amending the
proposed official retirement ceremony for the state flag encouraged for
public use in Section 6(e), Article 6139c, V.T.C.S. (The Texas Flag Code),
as follows: 

Sets forth that, "My spirit rode with the Texas Rangers over the Forts
Trail of the Big Country," rather than "in the streets of old El Paso," and
"herded," rather than "herding," "cattle through the Fort Worth
stockyards." Provides that, "I have sailed up Galveston Bay and kept a
watchful eye over our El Paso del Norte," rather than "sailed up Galveston
Bay." Establishes that, "from the expanse of Big Bend to the Riverwalk of
San Antonio," rather than "San Antone," "all of Texas is my home!"