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 1-24 training period the employee does not perform the employee's 2-1 regular duties for three or more months as a result of the 2-2 training, a policy adopted under Section 667.002 must include a 2-3 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 (b) If a state employee is to receive training which is to 2-10 be paid for by a state agency and during which the employee will 2-11 not be performing the employee's regular duties for three months or 2-12 more, the agency shall require the employee to agree in writing, 2-13 before the training begins, to meet the requirements described in 2-14 Subsection (a). 2-15 (c) By an order adopted in a public meeting, the governing 2-16 body of a state agency may waive the requirements described in 2-17 Subsection (a) and release an employee from the obligation to meet 2-18 those requirements if the governing body finds that such action is 2-19 in the best interest of the agency or is warranted due to an 2-20 extreme personal hardship of the employee. 2-21 Sec. 667.004. LIABILITY. If the employee does not provide 2-22 the services required in accordance with Section 667.003(a)(1), 2-23 provides those services for less than the required term, or fails 2-24 to make payments required in accordance with Section 667.003(a)(2) 2-25 and the employee is not released from the obligation to provide 2-26 such services or to make such payments as provided by Section 2-27 667.003(c), the employee is liable to the agency for any costs 3-1 described in Section 667.003(a)(2) and for the agency's reasonable 3-2 expenses incurred in obtaining payment, including reasonable 3-3 attorney's fees. 3-4 Sec. 667.005. REPORT. Each state agency shall prepare and 3-5 submit an annual report to the Legislative Budget Board detailing 3-6 the amount of money expended by the agency in the preceding fiscal 3-7 year for training under this chapter. 3-8 CHAPTER 668. MEMBERSHIP DUES 3-9 Sec. 668.001. DEFINITION. In this chapter, "state agency" 3-10 has the meaning assigned by Section 572.002. 3-11 Sec. 668.002. REPORTING OF MEMBERSHIP DUES. A state agency 3-12 that pays membership dues to an organization that pays all or part 3-13 of the salary of a person required to register under Chapter 305 3-14 shall notify the Legislative Budget Board, the Senate Finance 3-15 Committee, and the House Appropriations Committee of the payment. 3-16 The notification shall, at a minimum, include the name of the 3-17 organization, the amount of the membership dues, and the person or 3-18 persons hired by the organization required to register under 3-19 Chapter 305. 3-20 SECTION 2. (a) This Act takes effect September 1, 1997. 3-21 (b) Not later than September 15, 1997, each state agency 3-22 shall adopt a policy relating to the payment of training expenses 3-23 of state employees as required under Chapter 667, Government Code, 3-24 as added by this Act. 3-25 SECTION 3. The importance of this legislation and the 3-26 crowded condition of the calendars in both houses create an 3-27 emergency and an imperative public necessity that the 4-1 constitutional rule requiring bills to be read on three several 4-2 days in each house be suspended, and this rule is hereby suspended.