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.