By: Zaffirini S.B. No. 1968 (Gutierrez) A BILL TO BE ENTITLED AN ACT relating to the state flag code. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 3100.068(b), Government Code, is amended to read as follows: (b) During the ceremony of hoisting or lowering the state flag or if the flag is passing in a parade or in review: (1) each citizen of this state who is present and not in uniform should: (A) face the state flag and stand at attention with the person's right hand over the heart; and (B) if wearing a head covering that is easy to remove, remove the head covering with the right hand and hold it at the person's left shoulder, with the person's hand over the heart; (2) each person who is present and in uniform should make the military salute; [and] (3) each person who is present, not in uniform, and a member of the armed forces or a veteran may make the military salute; and (4) each person who is present but not a citizen of this state should stand at attention. SECTION 2. Section 3100.104, Government Code, is amended to read as follows: Sec. 3100.104. RECITING PLEDGE. If the pledge to the state flag is recited, each person who is present and: (1) not in uniform should: (A) face the state flag and stand at attention with the person's right hand over the heart; (B) if wearing a head covering that is easy to remove, remove that head covering with the right hand and hold it at the person's left shoulder, with the person's hand over the heart; and (C) recite the pledge; [or] (2) not in uniform and a member of the armed forces or a veteran may make the military salute and recite the pledge; or (3) in uniform should remain silent, face the flag, and make the military salute. SECTION 3. Sections 3100.152(b) and (d), Government Code, are amended to read as follows: (b) During a retirement ceremony: (1) each citizen of this state who is present and not in uniform should: (A) stand at attention with the person's right hand over the heart; and (B) if wearing a head covering that is easy to remove, remove the head covering with the person's right hand and hold it at the person's left shoulder, with the right hand over the heart; (2) each person who is present and in uniform should make the military salute at the appropriate time as designated by the ceremony; [and] (3) each person who is present, not in uniform, and a member of the armed forces or a veteran may make the military salute at the appropriate time as designated by the ceremony; and (4) each person who is present but not a citizen of this state should stand at attention. (d) The official retirement ceremony for the state flag encouraged for public use is: I am your Texas flag! I was born January 25, 1839. I am one of only two flags of an American state that has also served as the symbol of an independent nation--The Republic of Texas. While you may honor me in retirement, the spirit I represent will never retire! I represent the spirit of Texas--Yesterday, Today, and Tomorrow! I represent the bravery of the Alamo and the Victory at San Jacinto. My spirit rode with the Texas Rangers over the Forts Trail of the Big Country and herded cattle through the Fort Worth stockyards. I have sailed up Galveston Bay and kept a watchful eye over our El Paso del Norte. My colors are in the waters of the Red River and in the Bluebonnets of the Texas Hill Country. You'll find my spirit at the Light House of Palo Duro and in the sands of Padre Island; I am at the Johnson Space Center in [the space station at] Houston and atop the oil wells of West Texas. From the expanse of the Big Bend to the Riverwalk of San Antone--all of Texas is my home! I wave over the cotton and grain fields of the High Plains, and I am deep in the rich soil of the Rio Grande Valley. I am proudly displayed under the Capitol Dome, and I fly high above the concrete canyons of downtown Dallas. You'll find my spirit in the East Texas piney woods and along the Grandeur of the Rio Grande. I represent Texas--every Child, Woman, and Man! The blue field in me stands for the valor of our ancestors in the battles for our country. Let us retire the blue--Salute! My white field stands for the purity in all our Texas hearts! It represents the honor that each of us should pay to our state each day. Let us retire the white--Salute! The red is for all of the men and women who have died in service of our state--whether as members of the armed services or as citizen Samaritans. Let us retire the red--Salute! My lone, independent star is recognized worldwide because it represents ALL of Texas and stands for our unity as one for God, State, and Country. Let us retire the lone star--Salute! Join in the pledge to the Texas flag: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." SECTION 4. Section 3101.006(a), Government Code, is amended to read as follows: (a) During the performance of the state song: (1) when the state flag is displayed: (A) each citizen of this state who is present and not in uniform should: (i) face the flag and stand at attention with the person's right hand over the heart; and (ii) if wearing a head covering that is easy to remove, remove the head covering with the right hand and hold it at the person's left shoulder, with the person's right hand over the heart; (B) each person who is present and in uniform should make the military salute at the first note of the state song and retain that position until the last note; [and] (C) each person who is present, not in uniform, and a member of the armed forces or a veteran may make the military salute at the first note of the state song and retain that position until the last note; and (D) each person who is present but not a citizen of this state should stand at attention; and (2) when the state flag is not displayed, each person present should face toward the music and act in the same manner as the person would if the state flag were displayed there. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.