From the Office of teh Governor, Greg Abbott
Dear Interested Persons:
Displaying the state and national flags is an important duty in carrying out our mission for the state of Texas. In addition to creating an identity for the people of Texas, the proper display of the flag leads the people in times of joy and mourning, and in times of somber reflection and celebration.
There are two dates in the month of May that require particular attention with regard to how state and national flags are displayed. Tuesday, May 15, 2018, is Peace Officer Memorial Day and Monday, May 28, 2018, is Memorial Day.
Please take note of the laws concerning these official state observances:
Peace Officer Memorial Day: On the morning of Tuesday, May 15, both State of Texas and U.S. flags should be raised briskly to full-staff and then slowly lowered to half-staff for the remainder of the day. Flags should be returned to full-staff on Wednesday, May 16.
Memorial Day: On the morning of Monday, May 28, both State of Texas and U.S. flags should be raised briskly to full-staff and then slowly lowered to half-staff until noon. At noon, both the State of Texas and U.S. flags should be raised briskly to full-staff for the remainder of the day. Flags should be at full-staff on Tuesday, May 29.
BEST PRACTICES CONCERNING THE FLYING OF STATE AND NATIONAL FLAGS
General rules
- No flag should fly above the U.S. or State of Texas flag.
- If a flag cannot be properly displayed in relation to the previous rule, then that flag should be grounded and removed from the pole or display.
When U.S. flags are ordered to half-staff
Requirements:
- The U.S. flag shall be flown at half-staff.
- Since no flag in any display shall fly above the U.S. flag, the State of Texas and other flags shall be flown at half-staff for the same duration of time as the U.S. flag.
- At the beginning of the day that flags have been ordered to half-staff, the U.S. flag shall be raised briskly to the peak of the flag pole and then slowly lowered to the position of half-staff.
Particular flag displays:
- Single flag pole display: if the U.S. and State of Texas flags are displayed on the same flag pole, both the U.S. and the State of Texas flag shall be flown at half-staff.
- Multiple flag pole display: if the U.S. and State of Texas flags are in the same display on separate poles, both the U.S. and State of Texas flags to half-staff should be lowered to half-staff. If the U.S. and State of Texas flags are displayed along with historical replica flags of other nations (e.g., Spain, France, Mexico, and the Confederacy), then the U.S. and State of Texas flags should be displayed at half-staff and the replica flags should be removed from the display for the period of time the flags have been ordered to half-staff.
When only State Flags are ordered to half-staff
- The U.S. flag shall remain at full staff.
- At the beginning of the day, the State of Texas flag shall be raised briskly to the peak of the flag pole and then slowly lowered to the position of half-staff for the rest of the day.
- No flag in any display shall fly above the U.S. or State of Texas flag.
Particular flag displays:
- Single flag pole display: if the U.S. and State of Texas flags are displayed on the same flag pole, the agency has two options: (a) remove the State of Texas flag from the pole and keep the U.S. flag flying at full-staff, (b) remove the U.S. flag from the pole and fly the State of Texas flag at half-staff. It is not acceptable to have the U.S. flag at full-staff and the State of Texas flag at half-staff on the same pole.
- Multiple flag pole display: if the U.S. and State of Texas flags are in the same display on separate poles, both the U.S. flag may be displayed at full-staff and State of Texas flags should be lowered to half-staff. If the U.S. and State of Texas flags are displayed along with historical replica flags of other nations (e.g., Spain, France, Mexico, and the Confederacy), then the U.S. may be flown at full-staff and State of Texas flag should be displayed at half-staff. Any foreign or replica flags should be either flown at half-staff or removed from the display for the period of time the flags have been ordered to half-staff.
SELECT STATUTORY REFERENCES FOR PROPER DISPLAY OF THE FLAG:
Texas Government Code.
Texas Government Code § 3100.065. DISPLAY AT HALF-STAFF.
(a) If the state flag is to be displayed at half-staff, the flag should be hoisted to the peak of the flagpole for an instant and then lowered to the half-staff position.
(b) Before the state flag is lowered for the day, it should first be raised to the peak of the flagpole.
(c) On Memorial Day, the state flag should be displayed at half-staff until noon and at that time raised to the peak of the flagpole.
(d) The state flag should be displayed at half-staff on Peace Officers Memorial Day, May 15, unless that date is also Armed Forces Day.
(e) By order of the governor, the state flag shall be displayed at half-staff on a person’s death as a mark of respect to the memory of that person.
Added by Acts 2001, 77th Leg., ch. 1420, § 7.001, eff. Sept. 1, 2001.
Texas Government Code §. 2165.006. DISPLAY OF POW/MIA FLAG. (a) In this section, “POW/MIA flag” means the National League of Families POW/MIA flag identified by 36 U.S.C. Section 902.
(b) The POW/MIA flag shall be displayed at each state office building on:
(1) the third Saturday in May, “Armed Forces Day”;
(2) the last Monday in May, “Memorial Day”;
(3) the 14th day of June, “Flag Day”;
(4) the fourth day of July, “Independence Day”;
(5) the 11th day of November, “Veterans Day”; and
(6) “National POW/MIA Recognition Day.”
Added by Acts 1999, 76th Leg., ch. 589, Sec. 1, eff. June 18, 1999.
Texas Government Code §. 2165.0065. DISPLAY OF HONOR AND REMEMBER FLAG. (a) In this section, “Honor and Remember flag” means the Honor and Remember, Inc., flag. (b) The Honor and Remember flag may be displayed at each state office building, at the State Cemetery under Section 2165.256, and at each veterans cemetery managed by the Veterans’ Land Board on:
(1) the third Saturday in May, “Armed Forces Day”;
(2) the last Monday in May, “Memorial Day”;
(3) the last Sunday in September, “Gold Star Mother’s Day”;
(4) the 11th day of November, “Veterans Day”; and
(5) any date on which a resident of this state is killed while serving on active duty in the armed forces of the United States.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1205 (S.B. 1373), Sec. 1, eff. June 14, 2013.
NOTE: The statute previously cited creates an insurmountable problem for state agencies, institutions and individuals who maintain only one flag pole on which both State of Texas and U.S. flags are flown. This statute requires the addition of a third flag to each display. Unfortunately, the rigging for most flag poles is capable of only attaching two flags while displayed at half-staff, making it impossible to comply with certain sections of the previous statute that require the flying of the Honor and Remember flag on days when other statutes require the State of Texas and U.S. flags to fly at half-staff. We suggest you contact your general counsel’s office or your state legislator concerning the implementation of this statute.
United States Code Title 4 – Chapter 1: The Flag.
United States Code
Title 4 USC 1 § 7
The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag’s own right, or, if there is a line of other flags, in front of the center of that line.
(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section.
(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.
(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.
(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag’s own right, and its staff should be in front of the staff of the other flag.
(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.
(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.
(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.
(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag’s own right, that is, to the observer’s left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.
(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.
(k) When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman’s or speaker’s right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.
(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.
(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the death of a member of the Armed Forces from any State, territory, or possession who dies while serving on active duty, or the death of a first responder working in any State, territory, or possession who dies while serving in the line of duty, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff, and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia, members of the Armed Forces from the District of Columbia, and first responders working in the District of Columbia. When the Governor of a State, territory, or possession, or the Mayor of the District of Columbia, issues a proclamation under the preceding sentence that the National flag be flown at half-staff in that State, territory, or possession or in the District of Columbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation or facility in the area covered by that proclamation shall be flown at half-staff consistent with that proclamation. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection—
(1) the term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff;
(2) the term “executive or military department” means any agency listed under sections 101 and 102 of title 5;
(3) the term “Member of Congress” means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico; and
(4) the term “first responder” means a “public safety officer” as defined in section 10284 of title 34.
(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.
(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer’s left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.
(Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1495; amended Pub. L. 110–41, § 3, June 29, 2007, 121 Stat. 233; Pub. L. 115–123, div. A, § 10102(a), (b), Feb. 9, 2018, 132 Stat. 64.)