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!"