Texas Historical Documents

TITLE 106. PATRIOTISM AND THE FLAG

Vernon's Civil Statutes

(1) a blue vertical stripe one-third the entire length of the flag wide, and two equal horizontal stripes, the upper stripe white, the lower red, each two-thirds the entire length of the flag long; and

(2) a white, regular five-pointed star in the center of the blue stripe, oriented so that one point faces upward, and of such a size 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.

(c) The red, white, and blue of the state flag stand, respectively, for bravery, purity, and loyalty.

(d) The red and blue colors of the state flag are the same colors used in the United States flag and are defined as numbers 80108 (red) and 80075 (dark blue) of The Standard Color Reference of America, 10th edition.

(e) When displayed permanently mounted on a staff, as for indoor or parade use, the state flag may be decorated with gold fringe and its staff with gold cords and tassels.

(f) When the state flag is displayed on a staff, the staff should be at least 2- 1/2 times as long as the flag's hoist, and the state flag should be attached to the staff's peak. The staff's finial should be either a lone star or a spearhead.

(g) The governor may prescribe additional rules with respect to the description of the state flag. The governor shall set forth any alterations or additional rules in an executive order published in the Texas Register.

Added by Acts 1993, 73rd Leg., ch. 300, Sec. 1, eff. Aug. 30, 1993.

Art. 6139b. Pledge of allegiance to the state flag.

(a) The pledge of allegiance to the state flag is, "Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible."

(b) The pledge of allegiance to the state flag should be rendered by all present except those in uniform by standing at attention facing the flag with the right hand over the heart.

Individuals who are not in uniform and who are wearing a headdress that is easily removable should remove their headdress with their right hand and hold it at the left shoulder, with the hand over the heart. Individuals in uniform should remain silent, face the flag, and render the military salute.

(c) The pledge of allegiance to the state flag may be recited at all public and private meetings at which the pledge of allegiance to the United States flag is recited and at state historical events and celebrations.

(d) The pledge of allegiance to the state flag should be recited after the pledge of allegiance to the United States flag if both are recited.

Added by Acts 1993, 73rd Leg., ch. 300, Sec. 2, eff. Aug. 30, 1993.

Art. 6139c. Texas Flag Code.

Sec. 1. This article may be cited as the Texas Flag Code.

Sec. 2. The rules set out by Section 3 of this article govern the use of the state flag in this state.

Sec. 3. (a) The state flag normally should not be displayed outdoors earlier than sunrise or later than sunset. However, when a patriotic effect is desired, the state flag may be displayed 24 hours a day if properly illuminated during the hours of darkness or may be displayed under the same circumstances as the United States flag may be displayed.

(b) The state flag should be hoisted briskly and lowered ceremoniously.

(c) The state flag should not be displayed on days when the weather is inclement unless a weatherproof flag is displayed.

(d) The state flag should be displayed on all state holidays and on special occasions of historical significance. Texas Flag Day shall be celebrated on March 2, Texas Independence Day.

(e) The state flag should be displayed daily on or near the main administration building of every state institution.

(f) The state flag, when carried in a procession with another flag or flags except the United States flag, should be either on the marching right, that is, the state flag's right, or, if there is a line of other flags, in front of the center of that line.

When the state flag is carried in a procession in which the United States flag is carried, the United States flag should be on the marching right, that is, the United States flag's right, and the state flag should be on the United States flag's left.

(g) The state flag should not be displayed on a float in a parade except from a staff or as provided in Subsection (o) of this section.

(h) The state flag should not be draped over the hood, top, side, or back of any vehicle, railroad train, boat, or aircraft. When the state flag is displayed on a motor vehicle, the staff should be fixed firmly to the chassis or clamped to the right fender. If the United States flag is also displayed, its staff should be clamped to the right fender, and the state flag's staff should be clamped to the left fender.

(i) No flag or pennant other than the United States flag should be placed above or, if on the same level, to the state flag's right, that is, the observer's left. When the state and United States flags are displayed at the same time, they should be flown on flagpoles of the same height, and the flags should be of approximately equal size. The United States flag should be displayed to the United States flag's right, that is, the observer's left. However, when it is necessary for the state and United States flags to be flown from the same flagpole, the state flag should be displayed underneath the United States flag. When the state flag is displayed on a separate flagpole from the United States flag, the state flag should be hoisted after the United States flag is hoisted and lowered before the United States flag is lowered.

(j) When the state flag is displayed with another flag, other than the United States flag, against a wall from crossed staffs, the state flag should be on the state flag's right, that is, the observer's left, and its staff should be in front of the staff of the other flag. When the state and United States flags are displayed against a wall from crossed staffs, the state flag should be on the United States flag's left, that is, the observer's right, and behind the staff of the United States flag.

(k) The state flag should be at the center and at the highest point of a group when a number of flags or pennants of municipalities, localities, organizations, or corporations are grouped and displayed from staffs.

(l) When flags or pennants of municipalities, localities, organizations, or corporations are flown on the same halyard with the state flag, the latter should always be at the peak. When the flags are flown from adjacent staffs, the state flag should be hoisted first and lowered last. Those flags or pennants may not be placed above the state flag or to the state flag's right, that is, the observer's left.

(m) When the state flag is displayed with the flags of other states of the United States, nations other than the United States, and international organizations, the state flag should be displayed on the state flag's right, that is, the observer's left, on a separate flagpole or staff. This subsection does not apply to the United States or any agency of the United States, including the armed services, when federal law, custom, or practice dictates otherwise. The state flag should not be displayed above the flags of other states of the United States, nations, and international organizations on the same flagpole, and the state flag should not be displayed from a higher flagpole or staff.

(n) When the state flag is displayed from a staff projecting horizontally or at an angle from a windowsill, balcony, or front of a building, the top of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the state 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, white stripe first, from the building.

o) When the state flag is displayed horizontally, the white stripe should be uppermost and to the state flag's left, that is, to the observer's right. When displayed in a window, the state flag should be displayed in the same way, with the blue stripe to the left of an observer who is outside the window. When the state flag is displayed vertically, the blue stripe should be uppermost and the white stripe should be to the state flag's right, that is, to the observer's left.

(p) When the state flag is displayed over the middle of a street, it should be suspended vertically with the blue stripe uppermost and the white stripe to the north in an east and west street, or with the white stripe to the east in a north and south street.

(q) When used on a speaker's platform, the state flag, if displayed flat, should be displayed above and behind the speaker. If both the state and United States flags are displayed on a speaker's platform at the same time, the state flag should be on the state flag's left, that is, the observer's right, while the United States flag should be on the United States flag's right, that is, the observer's left.

(r) The state 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.

(s) The state flag, when flown at half-staff, should be first hoisted to the peak of the flagpole for an instant and then lowered to the half-staff position. The state flag should be again raised to the peak before it is lowered for the day. On Memorial Day the state flag should be displayed at half-staff until noon only, then raised to the peak of the flagpole. By order of the governor, the state flag shall be flown at half-staff on the death of an individual as a mark of respect to the individual's memory.

(t) When the state flag is used to cover a casket, it should be so placed that the blue stripe is at the head and the white stripe is over the left shoulder, that is, the observer's right. The state flag should not be lowered into the grave or allowed to touch the ground.

(u) When the state flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the white stripe of the flag to the observer's left on entering. If the building has more than one main entrance, the state flag should be suspended vertically near the center of the corridor or lobby with the white stripe 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 white stripe should be to the east.

(v) The state flag should not be dipped to any person or thing except as a mark of honor for the United States flag.

(w) When the state flag is displayed from a flagpole or staff, the white stripe should always be at the top of the flag, except as a signal of dire distress in instances of extreme danger to life or property.

(x) The state flag should not touch anything beneath it, such as the ground or the floor, and should not trail in water.

(y) The state flag should, when practicable, not be carried flat or horizontally, but aloft and free.

(z) The state flag should not be used as bedding or drapery. It should not be festooned, drawn back, or up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used instead of the state flag for covering a speaker's desk, for draping the front of a platform, and for decoration in general.

(aa) The state flag should not be fastened, displayed, used, or stored in a manner that it can be easily torn, soiled, or damaged in any way.

(bb) The state flag should not be used as a covering for a ceiling.

(cc) The state flag should not have placed on any part of it, or attached to it, any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

(dd) The state flag should not be used as a receptacle for receiving, holding, carrying, or delivering anything.

(ee) Advertisements should not be fastened to a staff or halyard from which the state flag is flown.

(ff) The state flag, when it is in such a condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

(gg) During the ceremony of hoisting or lowering the state flag or when the state flag is passing in a parade or in review, all individuals present except those in uniform should face the state flag and stand at attention with the right hand over the heart.

Those present in uniform should render the military salute. When not in uniform, individuals who are wearing a headdress that is easily removable should remove their headdress with their right hand and hold it at the left shoulder, with the hand over the heart. Individuals who are not citizens of this state should stand at attention. The salute to the state flag in a moving column should be rendered at the moment the state flag passes.

Sec. 4. The governor may alter, modify, or repeal any rule relating to the display of the state flag set forth in Section 3 or may prescribe additional rules with respect to the display of the state flag. The governor shall set forth any alterations or additional rules in an executive order published in the Texas Register.

Sec. 5.

(a) A governmental subdivision or agency may not enact or enforce a law that prohibits:

(1) the display of a municipal flag, the state flag, the flag of another state of the United States, the United States flag, or the flag of a nation other than the United States; or

(2) any conduct covered by this article.

(b) This section does not apply to an action by a governmental subdivision or agency to enact or enforce a law established to protect the public health and safety.

Added by Acts 1993, 73rd Leg., ch. 300, Sec. 3, eff. Aug. 30, 1993.

Art. 6139d. Flag of the governor.

The governor may adopt a flag for the governor's official use. The governor shall set forth the description of the flag in an executive order published in the Texas Register.

Added by Acts 1993, 73rd Leg., ch. 300, Sec. 4, eff. Aug. 30, 1993.


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