IMF S.B. 584 75(R)BILL ANALYSIS

 

S.B. 584
By:  Ogden, Lucio
4-27-97
Committee Report (Unamended)


BACKGROUND

Currently, Texas law allows several state agencies to pay for training and
other educational opportunities for their employees.  During the interim
of the 74th Legislature the House Appropriations Subcommittee on Special
Issues Related to State Compensation (subcommittee) found that in some
instances employees were given stipends to attend college undergraduate or 
graduate programs or other training programs without guaranteeing the
state agency that they would return or continue their employment once they
graduated or completed the program. 

In addition, the subcommittee discussed the payment of membership dues and
discovered that many state agencies pay membership dues to private
organizations whose interests are closely related to the duties of the
state agencies.  Some of these organizations pay all or a portion of the 
salary of persons registered as lobbyists.

This bill sets forth guidelines for a state agency regarding the payment
of training benefits for state employees and sets forth requirements for a
state agency that pays membership dues to an organization that pays all or
part of the salary of a person required to register under Chapter 305, 
Government Code.

PURPOSE

As proposed, S.B. 584 requires a state agency to adopt a policy containing
certain provisions relating to the spending of money for the training of
an agency employee.  In addition, this bill requires a state agency that
pays membership dues to an organization that pays all or part 
of the salary of a person required to register under Chapter 305,
Government Code, to make certain notifications. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to each state agency under SECTION 1
(Sections 667.002 and 667.003, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6B, Government Code, by adding Chapters 667 and
668, as follows: 

  CHAPTER 667.  TRAINING OPPORTUNITIES

   Sec. 667.001.  DEFINITIONS.  Defines "state agency," "state employee,"
and 
   "training."

   Sec. 667.002.  AGENCY POLICY.  Requires a state agency, before it
spends any money on          training for a state employee, to adopt a
policy governing the training of employees. Requires       the policy to
require training to relate to an employee's duties following training. 

   Sec. 667.003.  RESTRICTIONS.  Sets forth additional requirements
applicable to a policy            adopted under Section 667.002 if a state
employee receives or is to receive training paid for by     a state
agency, and during the training period the employee does not perform the
employee's          regular duties for three or more months as a result of
the training.  Authorizes the governing           body of a state agency,
by an order adopted in a public meeting, to waive the  requirements
described in Subsection (a) and release an employee from the obligation to
meet those                   requirements under certain conditions. 

   Sec. 667.004.  LIABILITY.  Sets forth liabilities of an employee who
receives training but who    does not adhere to the requirements in
Section 667.003. 

   Section 667.005.  REPORT.  Requires each state agency to prepare and
submit an annual report    to the Legislative Budget Board detailing the
amount of money expended by the agency in the       preceding fiscal year
for training under this chapter. 

     CHAPTER 668.  MEMBERSHIP DUES

   Sec. 668.001.  DEFINITION.  Defines "state agency."

   Sec. 668.002.  REPORTING OF MEMBERSHIP DUES.  Requires a state agency
that 
   pays membership dues to an organization that pays all or part of the
salary of a person required     to register under Chapter 305, Government
Code, to notify the Legislative Budget Board, the        Senate Finance
Committee, and the House Appropriations Committee of the payment.  Sets
forth requirements regarding the notification. 

SECTION 2. (a) Effective date:  September 1, 1997.  (b) Requires each
state agency, not later  than September 15, 1997, to adopt a policy
relating to the payment of training expenses of state employees as
required under Chapter 667, Government Code, as added by this Act. 

SECTION 3. Emergency clause.