GOVERNMENT CODE

TITLE 11. STATE SYMBOLS AND HONORS;  PRESERVATION

SUBTITLE A. STATE SYMBOLS AND HONORS

CHAPTER 3100. STATE FLAG

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3100.001.  STATE FLAG.  The state flag is the 1839 national flag of the Republic of Texas.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.002.  DESCRIPTION:  IN GENERAL.  (a)  The state flag is a rectangle that:
(1)  has a width to length ratio of two to three;  and
(2)  contains:
(A)  one blue vertical stripe that has a width equal to one-third the length of the flag;
(B)  two equal horizontal stripes, the upper stripe white, the lower stripe red, each having a length equal to two-thirds the length of the flag;  and
(C)  one white, regular five-pointed star:
(i)  located in the center of the blue stripe;
(ii)  oriented so that one point faces upward;  and
(iii)  sized so that the diameter of a circle passing through the five points of the star is equal to three-fourths the width of the blue stripe.
(b)  The red and blue of the state flag are:
(1)  the same colors used in the United States flag;  and
(2)  defined as numbers 193 (red) and 281 (dark blue) of the Pantone Matching System.
(c)  The red, white, and blue of the state flag represent, respectively, bravery, purity, and loyalty.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.003.  DESCRIPTION UNDER GOVERNOR'S RULES.  In addition to each requirement prescribed by Section 3100.002, the governor by executive order published in the Texas Register may prescribe changes or other rules relating to the description of the state flag.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.004.  STATE FLAG MOUNTED ON FLAGSTAFF.  (a)  If the state flag is mounted on a flagstaff:
(1)  the flag should be attached at the peak of the staff;
(2)  the staff should be at least 2-1/2 times as long as the flag's hoist;  and
(3)  if the staff has a finial, the finial should be a star or a spearhead.
(b)  If the state flag is permanently mounted on a flagstaff:
(1)  the flag may be decorated with gold fringe;  and
(2)  the staff may be decorated with gold cord or tassels.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

SUBCHAPTER B. DISPLAY OF STATE FLAG

Sec. 3100.051.  DISPLAY:  IN GENERAL.  The state flag should be displayed:
(1)  on each state or national holiday and on any special occasion of historical significance;  and
(2)  daily on or near the main administration building of each state institution.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.052.  DISPLAY OUTDOORS.  (a)  The state flag should not normally be displayed outdoors before sunrise or after sunset.
(b)  For patriotic effect, the state flag may be displayed outdoors:
(1)  24 hours a day, if properly illuminated during darkness;  or
(2)  in the same circumstances that the flag of the United States may be displayed.
(c)  The state flag should not be displayed outdoors during inclement weather unless the flag is a weatherproof flag.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.053.  ORIENTATION ON FLAGPOLE OR FLAGSTAFF.  If the state flag is displayed on a flagpole or flagstaff, the white stripe should be at the top of the flag, except as a signal of dire distress in an instance of extreme danger to life or property.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.054.  DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH OTHER FLAG:  IN GENERAL.  A flag or pennant, other than the flag of the United States, displayed with the state flag:
(1)  should not be above the state flag;  or
(2)  if the other flag or pennant is at the same height as the state flag, should not be, from the perspective of an observer, to the left of the state flag.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.055.  DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH FLAG OF UNITED STATES.  (a)  If it is necessary for the state flag and the flag of the United States to be displayed on the same flagpole or flagstaff, the United States flag should be above the state flag.
(b)  If the state flag and the flag of the United States are displayed on flagpoles or flagstaffs at the same location:
(1)  the flags should be displayed on flagpoles or flagstaffs of the same height;
(2)  the flags should be of approximately equal size;
(3)  the flag of the United States should be, from the perspective of an observer, to the left of the state flag;
(4)  the flag of the United States should be hoisted before the state flag is hoisted;  and
(5)  the state flag should be lowered before the flag of the United States is lowered.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.056.  DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH FLAGS OF MUNICIPALITIES, LOCALITIES, OR ORGANIZATIONS.  (a)  If the state flag is displayed on a flagpole or flagstaff with a group of flags or pennants of municipalities, localities, or organizations that are displayed on flagpoles or flagstaffs, the state flag should be at the center and at the highest point of the group.
(b)  If the state flag is displayed on the same halyard as a flag or pennant of a municipality, locality, or organization, the state flag should be at the peak.
(c)  If the state flag and the flag or pennant of a municipality, locality, or organization are displayed on adjacent flagpoles or flagstaffs:
(1)  the state flag should be hoisted before the flag or pennant of the municipality, locality, or organization is hoisted;  and
(2)  the flag or pennant of the municipality, locality, or organization should be lowered before the state flag is lowered.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.057.  DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH FLAGS OF OTHER STATES, OTHER NATIONS, OR INTERNATIONAL ORGANIZATIONS.  (a)  If the state flag is displayed with the flag of another state of the United States, of a nation other than the United States, or of an international organization, the state flag:
(1)  should be, from the perspective of an observer, to the left of the other flag on a separate flagpole or flagstaff;  and
(2)  should not be above the other flag on the same flagpole or flagstaff or on a taller flagpole or flagstaff than the flagpole or flagstaff on which the other flag is displayed.
(b)  This section does not apply to the United States, including the armed services, if federal custom or practice requires another manner of display.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.058.  DISPLAY WITH OTHER FLAG ON CROSSED FLAGSTAFFS.  (a)  If the state flag is displayed with another flag, other than the flag of the United States, against a wall on crossed flagstaffs, the state flag should:
(1)  be, from the perspective of an observer, to the left of the other flag;  and
(2)  have its flagstaff in front of the flagstaff of the other flag.
(b)  If the state flag and the flag of the United States are displayed against a wall on crossed flagstaffs, the state flag should:
(1)  be, from the perspective of an observer, to the right of the flag of the United States;  and
(2)  have its flagstaff behind the flagstaff of the United States flag.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.059.  HORIZONTAL AND VERTICAL DISPLAY.  (a)  If the state flag is displayed horizontally, the white stripe should be above the red stripe and, from the perspective of an observer, to the right of the blue stripe.
(b)  If the state flag is displayed vertically:
(1)  the blue stripe should be above the white and red stripes;  and
(2)  the white stripe should be, from the perspective of an observer, to the left of the red stripe.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.060.  DISPLAY FROM OR IN BUILDING.  (a)  If the state flag is displayed from a flagstaff that projects horizontally or at an angle from a building, the top of the flag should be placed at the peak of the staff unless the flag is at half-staff.
(b)  If the state flag is suspended over a sidewalk from a rope that extends from a building to a pole at the edge of a sidewalk, the flag should be hoisted from the building so that the white stripe is nearest the pole.
(c)  If the state flag is suspended across a corridor or lobby in a building that has only one main entrance, the flag should be suspended vertically so that the white stripe is, from the perspective of an observer who is entering the building, to the left of the red stripe.  If the building has more than one main entrance, the state flag should be suspended vertically near the center of the corridor or lobby.  If the entrances are on the east and west faces of the building, the white stripe should be to the north.  If the entrances are on the north and south faces of the building, the white stripe should be to the east.  If there are entrances on more than two faces of the building, the white stripe should be to the east.
(d)  If the state flag is displayed in a window, the white stripe should be above the red stripe and, from the perspective of an observer who is outside the window, to the right of the blue stripe.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.061.  DISPLAY OVER STREET.  If the state flag is displayed over a street, the flag should be suspended vertically with the blue stripe above the white and red stripes.  If the street is an east-west street, the white stripe should be to the north.  If the street is a north-south street, the white stripe should be to the east.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.062.  DISPLAY ON SPEAKER'S PLATFORM.  (a)  If the state flag is displayed flat on a speaker's platform, the flag should be displayed above and behind the speaker.
(b)  If the state flag and the flag of the United States are displayed on a speaker's platform, the state flag should be, from the perspective of an observer, to the right of the United States flag.
(c)  The use of the state flag to drape the front of a platform is governed by Section 3100.070(c).
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.063.  DISPLAY ON CASKET.  (a)  If the state flag is used to cover a casket, the flag should be placed so that:
(1)  the blue stripe is at the head of the casket;  and
(2)  the white stripe is over the left shoulder of the casket.
(b)  The state flag should not be lowered in the grave or allowed to touch the ground.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.064.  DISPLAY ON FLAGSTAFF ON MOTOR VEHICLE.  If the state flag is displayed on a flagstaff on a motor vehicle, the staff should be attached firmly to the chassis or clamped to the right fender.  If the flag of the United States and the state flag are displayed on flagstaffs on a motor vehicle:
(1)  the staff of the flag of the United States should be clamped to the right fender of the vehicle;  and
(2)  the staff of the state flag should be clamped to the left fender of the vehicle.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 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, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.066.  CARRYING OF STATE FLAG:  IN GENERAL.  The state flag should, when practicable, be carried aloft and free, not flat or horizontally.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.067.  CARRYING IN PROCESSION WITH OTHER FLAGS.  (a)  If the state flag is carried in a procession with another flag, other than the flag of the United States, the state flag should be on the marching right.  If there is a line of other flags in the procession, the state flag should be in front of the center of that line.
(b)  If the flag of the United States is carried in a procession with the state flag, the flag of the United States should be on the marching right.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.068.  HOISTING AND LOWERING;  PASSING IN PARADE OR REVIEW.  (a)  The state flag should be hoisted briskly and lowered ceremoniously.
(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;
(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.
(c)  The salute to the state flag in a moving column shall be made at the moment the state flag passes that person.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 962 (S.B. 1968), Sec. 1, eff. June 15, 2017.

Sec. 3100.069.  STATE FLAG AS FEATURE OF UNVEILING CEREMONY.  (a)  The state flag should form a distinctive feature of the ceremony of unveiling a statue or monument.
(b)  The state flag should not be used as the covering for the statue or monument.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.070.  LIMITATIONS ON DISPLAY.  (a)  The state flag should not:
(1)  touch anything beneath it, including the ground or floor;
(2)  be dipped to any person or thing, except as a mark of honor for the United States flag;
(3)  trail in water;
(4)  have placed on any part of it, or attached to it, any mark, word, figure, design, picture, or drawing;
(5)  be used or stored in a manner in which it can easily be soiled or damaged;
(6)  be used as a receptacle for receiving, holding, carrying, or delivering anything;
(7)  be displayed on a float in a parade, except from a staff or in the manner provided by Section 3100.059;
(8)  be draped over the hood, top, side, or back of any vehicle, train, boat, or aircraft;
(9)  be used as bedding or drapery;
(10)  be festooned or drawn back or up in folds, but instead allowed to fall free;  or
(11)  be used as a covering for a ceiling.
(b)  Advertising should not be fastened to a flagpole, flagstaff, or halyard on which the state flag is displayed.
(c)  Bunting of blue, white, and red, arranged with the blue above, the white in the middle, and the red below, should be used instead of the state flag to cover a speaker's desk or to drape the front of a platform and for decoration in general.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.071.  AUTHORITY OF GOVERNOR.  By executive order published in the Texas Register, the governor may:
(1)  change or repeal any requirement relating to the display of the state flag provided by Sections 3100.051-3100.070;  or
(2)  prescribe additional requirements concerning the display of the state flag.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.072.  LIMITATIONS ON GOVERNMENTAL SUBDIVISION OR AGENCY.  (a)  A governmental subdivision or agency may not enact or enforce a law that prohibits:
(1)  the display of:
(A)  a municipal flag;
(B)  the state flag;
(C)  the flag of another state of the United States;
(D)  the United States flag;  or
(E)  the flag of a nation other than the United States;  or
(2)  any conduct covered by this subchapter.
(b)  This section does not prohibit a governmental subdivision or agency from enacting or enforcing a law to protect the public health or safety.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.073.  FOLDED STATE FLAG.  (a)  The state flag should be folded as follows:
(1)  fold the flag in half lengthwise with the red stripe facing upward;
(2)  fold the flag in half lengthwise once more, concealing the red stripe on the inside of the fold;
(3)  position the flag with the white star facing downward and the blue stripe facing upward;
(4)  fold the corner with the white stripe to the opposite side of the flag to form a triangle;
(5)  continue folding the corners over in triangles until the resulting fold produces a blue triangle with a portion of the white star visible; and
(6)  secure all edges into the folds.
(b)  A folded state flag should be presented or displayed with all folded edges secured and with the blue stripe and a portion of the white star visible.
(c)  A folded state flag should be stored or displayed in a manner that prevents tearing or soiling of the flag.
Added by Acts 2009, 81st Leg., R.S., Ch. 1218 (S.B. 1145), Sec. 2, eff. September 1, 2009.

SUBCHAPTER C. PLEDGE OF ALLEGIANCE TO STATE FLAG

Sec. 3100.101.  PLEDGE.  The pledge of allegiance to the state flag is: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible."
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 650 (H.B. 1034), Sec. 1, eff. June 15, 2007.

Sec. 3100.102.  OCCASIONS AT WHICH PLEDGE MAY BE RECITED.  The pledge of allegiance to the state flag may be recited at any:
(1)  public or private meeting at which the pledge of allegiance to the United States flag is recited;  and
(2)  state historical event or celebration.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.103.  ORDER OF RECITATION.  The pledge of allegiance to the flag of the United States should be recited before the pledge of allegiance to the state flag if both are recited.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

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;
(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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 962 (S.B. 1968), Sec. 2, eff. June 15, 2017.

SUBCHAPTER D. RETIREMENT OF STATE FLAG

Sec. 3100.151.  MANNER OF RETIREMENT.  (a)  If a state flag is no longer used or useful as an emblem for display, it should be destroyed, preferably by burning, in a ceremony or another dignified way that emphasizes its honor as a fitting emblem for this state.
(b)  It is encouraged that retirement of the state flag be a public ceremony under the direction of uniformed personnel representing a state or national military service or a patriotic society, but the state flag may be retired in a private ceremony.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.

Sec. 3100.152.  CONDUCT OF RETIREMENT CEREMONY.  (a)  A retirement ceremony for a state flag should be conducted with the honor and respect inherent in the traditions of this state.
(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;
(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.
(c)  In a retirement ceremony in which the flag is to be burned or buried, the flag may be retired as a whole or the colors of the flag may be separated for individual dedication, with the separation taking place immediately before the retirement and dedication ceremony.
(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 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."
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept. 1, 2001.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 375 (S.B. 258), Sec. 1, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 962 (S.B. 1968), Sec. 3, eff. June 15, 2017.