By: Ogden, Lucio S.B. No. 584 A BILL TO BE ENTITLED AN ACT 1-1 relating to spending by state agencies for certain employee 1-2 benefits and membership dues. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 6, Government Code, is amended 1-5 by adding Chapters 667 and 668 to read as follows: 1-6 CHAPTER 667. TRAINING OPPORTUNITIES 1-7 Sec. 667.001. DEFINITIONS. In this chapter: 1-8 (1) "State agency" and "state employee" have the 1-9 meanings assigned by Section 572.002. 1-10 (2) "Training" means instruction, teaching, or other 1-11 education received by a state employee that is not normally 1-12 received by other state employees and that is designed to enhance 1-13 the ability of the employee to perform the employee's job. The 1-14 term does not include training required either by state or federal 1-15 law or that is determined necessary by the agency and offered to 1-16 all employees of the agency performing similar jobs. 1-17 Sec. 667.002. AGENCY POLICY. Before a state agency spends 1-18 any money on training for a state employee, the state agency must 1-19 adopt a policy governing the training of employees. The policy 1-20 must require training to relate to an employee's duties following 1-21 the training. 1-22 Sec. 667.003. RESTRICTIONS. (a) If a state employee 1-23 receives training that is paid for by a state agency and during the 2-1 training period the employee does not perform the employee's 2-2 regular duties for three or more months as a result of the 2-3 training, a policy adopted under Section 667.002 must include a 2-4 requirement that the employee: 2-5 (1) work for the agency for at least one month for 2-6 each month of the training period; or 2-7 (2) pay the agency for all the costs associated with 2-8 the training, including the amount of the employee's salary, if 2-9 any, paid during the training period. 2-10 (b) If a state employee is to receive training which is to 2-11 be paid for by a state agency and during which the employee will 2-12 not be performing the employee's regular duties for three months or 2-13 more, the agency shall require the employee to agree in writing, 2-14 before the training begins, to meet the requirements described in 2-15 Subsection (a). 2-16 (c) By an order adopted in a public meeting, the governing 2-17 body of a state agency may waive the requirements described in 2-18 Subsection (a) and release an employee from the obligation to meet 2-19 those requirements if the governing body finds that such action is 2-20 in the best interest of the agency or is warranted due to an 2-21 extreme personal hardship of the employee. 2-22 Sec. 667.004. LIABILITY. If the employee does not provide 2-23 the services required in accordance with Section 667.003(a)(1), 2-24 provides those services for less than the required term, or fails 2-25 to make payments required in accordance with Section 667.003(a)(2) 3-1 and the employee is not released from the obligation to provide 3-2 such services or to make such payments as provided by Section 3-3 667.003(c), the employee is liable to the agency for any costs 3-4 described in Section 667.003(a)(2) and for the agency's reasonable 3-5 expenses incurred in obtaining payment, including reasonable 3-6 attorney's fees. 3-7 Sec. 667.005. REPORT. Each state agency shall prepare and 3-8 submit an annual report to the Legislative Budget Board detailing 3-9 the amount of money expended by the agency in the preceding fiscal 3-10 year for training under this chapter. 3-11 CHAPTER 668. MEMBERSHIP DUES 3-12 Sec. 668.001. DEFINITION. In this chapter, "state agency" 3-13 has the meaning assigned by Section 572.002. 3-14 Sec. 668.002. REPORTING OF MEMBERSHIP DUES. A state agency 3-15 that pays membership dues to an organization that pays all or part 3-16 of the salary of a person required to register under Chapter 305 3-17 shall notify the Legislative Budget Board, the Senate Finance 3-18 Committee, and the House Appropriations Committee of the payment. 3-19 The notification shall, at a minimum, include the name of the 3-20 organization, the amount of the membership dues, and the person or 3-21 persons hired by the organization required to register under 3-22 Chapter 305. 3-23 SECTION 2. (a) This Act takes effect September 1, 1997. 3-24 (b) Not later than September 15, 1997, each state agency 3-25 shall adopt a policy relating to the payment of training expenses 4-1 of state employees as required under Chapter 667, Government Code, 4-2 as added by this Act. 4-3 SECTION 3. The importance of this legislation and the 4-4 crowded condition of the calendars in both houses create an 4-5 emergency and an imperative public necessity that the 4-6 constitutional rule requiring bills to be read on three several 4-7 days in each house be suspended, and this rule is hereby suspended.