By Junell                                       H.B. No. 1385

      75R6051 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to restrictions on spending by state agencies for certain

 1-3     employee benefits, fees, or membership dues.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle B, Title 6, Government Code, is amended

 1-6     by adding Chapters 667 and 668 to read as follows:

 1-7                    CHAPTER 667.  TRAINING OPPORTUNITIES

 1-8           Sec. 667.001.  DEFINITIONS.  In this section:

 1-9                 (1)  "State agency" and "state employee" have the

1-10     meanings assigned by Section 572.002.

1-11                 (2)  "Training" means instruction, teaching, or other

1-12     education received by a state employee that is not normally

1-13     received by other state employees and that is designed to enhance

1-14     the ability of the employee to perform the employee's job. The term

1-15     does not include  training required either by state or federal law

1-16     or that is determined necessary by the agency and offered to all

1-17     employees of the agency performing similar jobs.

1-18           Sec. 667.002.  AGENCY POLICY.  Before a state agency spends

1-19     any money on training for a state employee, the state agency must

1-20     adopt a policy governing the training of employees.  The policy

1-21     must require training to relate to an employee's duties following

1-22     the training.

1-23           Sec. 667.003.  RESTRICTIONS.  If a state employee receives

1-24     training paid for by a state agency, and during the training period

 2-1     the employee does not perform the employee's regular duties for

 2-2     three or more months as a result of the training, a policy adopted

 2-3     under Section 667.002 must include a requirement that the employee:

 2-4                 (1)  work for the agency for at least one month for

 2-5     each month of the training period; or

 2-6                 (2)  pay the agency for all the costs associated with

 2-7     the training, including the amount of the employee's salary, if

 2-8     any, paid during the training period.

 2-9                    CHAPTER 668.  MEMBERSHIP DUES OR FEES

2-10           Sec. 668.001.  DEFINITIONS.  In this chapter, "state agency"

2-11     and "state employee" have the meanings assigned by Section 572.002.

2-12           Sec. 668.002.  RESTRICTIONS ON MEMBERSHIP DUES OR FEES.  A

2-13     state agency may not pay fees or membership dues to an organization

2-14     on behalf of the agency or a state employee of the agency if the

2-15     organization pays all or part of the salary of a person required to

2-16     register under Chapter 305.

2-17           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-18           (b)  Not later than September 15, 1997, each state agency

2-19     shall adopt a policy relating to the payment of training expenses

2-20     of state employees as required under Chapter 667, Government Code,

2-21     as added by this Act.

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.