SRC-HRD S.B. 584 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 584
By: Ogden
Finance
2-20-97
As Filed


DIGEST 

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.  There are concerns that such
payments are not consistent with Article IV, Sec. 5 of the General
Appropriations Act which states that "none of the moneys appropriated by
the Act, regardless of their source or character, shall be used for
influencing the outcome of any election, or the passage or defeat of any
legislative measure. 

This bill sets forth guidelines for state agencies to follow when paying
training benefits and memberships dues. 

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 prohibits a state agency from
paying fees or membership dues to an organization that pays all or part of
the salary of a person required to register under Chapter 305, Government
Code. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to each state agency under SECTION 1
(Section 667.002, 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 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,  

 CHAPTER 668.  MEMBERSHIP DUES OR FEES

Sec. 668.001.  DEFINITIONS.  Defines "state agency" and "state employee."

Sec. 668.002.  RESTRICTIONS ON MEMBERSHIP DUES OR FEES.  Prohibits a state
agency from paying fees or membership dues to an organization on behalf of
the agency or a state employee of the agency if the organization pays all
or part of the salary of a person required to register under Chapter 305,
Government Code. 

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.