CHAPTER 3100. STATE FLAG - Texas Statutes

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; and

(3) 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.

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, 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, 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; or

(2) 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.

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; and

(3) 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 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

and indivisible."

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.001, eff. Sept.

1, 2001.