1-1 By: Ogden, Lucio S.B. No. 584 1-2 (In the Senate - Filed February 12, 1997; February 18, 1997, 1-3 read first time and referred to Committee on Finance; 1-4 March 4, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 11, Nays 0; March 4, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 584 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to spending by state agencies for certain employee 1-11 benefits and membership dues. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle B, Title 6, Government Code, is amended 1-14 by adding Chapters 667 and 668 to read as follows: 1-15 CHAPTER 667. TRAINING OPPORTUNITIES 1-16 Sec. 667.001. DEFINITIONS. In this chapter: 1-17 (1) "State agency" and "state employee" have the 1-18 meanings assigned by Section 572.002. 1-19 (2) "Training" means instruction, teaching, or other 1-20 education received by a state employee that is not normally 1-21 received by other state employees and that is designed to enhance 1-22 the ability of the employee to perform the employee's job. The 1-23 term does not include training required either by state or federal 1-24 law or that is determined necessary by the agency and offered to 1-25 all employees of the agency performing similar jobs. 1-26 Sec. 667.002. AGENCY POLICY. Before a state agency spends 1-27 any money on training for a state employee, the state agency must 1-28 adopt a policy governing the training of employees. The policy 1-29 must require training to relate to an employee's duties following 1-30 the training. 1-31 Sec. 667.003. RESTRICTIONS. (a) If a state employee 1-32 receives training that is paid for by a state agency and during the 1-33 training period the employee does not perform the employee's 1-34 regular duties for three or more months as a result of the 1-35 training, a policy adopted under Section 667.002 must include a 1-36 requirement that the employee: 1-37 (1) work for the agency for at least one month for 1-38 each month of the training period; or 1-39 (2) pay the agency for all the costs associated with 1-40 the training, including the amount of the employee's salary, if 1-41 any, paid during the training period. 1-42 (b) If a state employee is to receive training which is to 1-43 be paid for by a state agency and during which the employee will 1-44 not be performing the employee's regular duties for three months or 1-45 more, the agency shall require the employee to agree in writing, 1-46 before the training begins, to meet the requirements described in 1-47 Subsection (a). 1-48 (c) By an order adopted in a public meeting, the governing 1-49 body of a state agency may waive the requirements described in 1-50 Subsection (a) and release an employee from the obligation to meet 1-51 those requirements if the governing body finds that such action is 1-52 in the best interest of the agency or is warranted due to an 1-53 extreme personal hardship of the employee. 1-54 Sec. 667.004. LIABILITY. If the employee does not provide 1-55 the services required in accordance with Section 667.003(a)(1), 1-56 provides those services for less than the required term, or fails 1-57 to make payments required in accordance with Section 667.003(a)(2) 1-58 and the employee is not released from the obligation to provide 1-59 such services or to make such payments as provided by Section 1-60 667.003(c), the employee is liable to the agency for any costs 1-61 described in Section 667.003(a)(2) and for the agency's reasonable 1-62 expenses incurred in obtaining payment, including reasonable 1-63 attorney's fees. 1-64 Sec. 667.005. REPORT. Each state agency shall prepare and 2-1 submit an annual report to the Legislative Budget Board detailing 2-2 the amount of money expended by the agency in the preceding fiscal 2-3 year for training under this chapter. 2-4 CHAPTER 668. MEMBERSHIP DUES 2-5 Sec. 668.001. DEFINITION. In this chapter, "state agency" 2-6 has the meaning assigned by Section 572.002. 2-7 Sec. 668.002. REPORTING OF MEMBERSHIP DUES. A state agency 2-8 that pays membership dues to an organization that pays all or part 2-9 of the salary of a person required to register under Chapter 305 2-10 shall notify the Legislative Budget Board, the Senate Finance 2-11 Committee, and the House Appropriations Committee of the payment. 2-12 The notification shall, at a minimum, include the name of the 2-13 organization, the amount of the memberships dues, and the person or 2-14 persons hired by the organization required to register under 2-15 Chapter 305. 2-16 SECTION 2. (a) This Act takes effect September 1, 1997. 2-17 (b) Not later than September 15, 1997, each state agency 2-18 shall adopt a policy relating to the payment of training expenses 2-19 of state employees as required under Chapter 667, Government Code, 2-20 as added by this Act. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended. 2-26 * * * * *