AN ACT
1-1 relating to restrictions on spending by state agencies for certain
1-2 employee training or certain membership dues.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 656, Government Code, is amended by
1-5 adding Subchapter D to read as follows:
1-6 SUBCHAPTER D. RESTRICTIONS ON CERTAIN TRAINING
1-7 Sec. 656.101. DEFINITIONS. In this subchapter:
1-8 (1) "State agency" and "state employee" have the
1-9 meanings assigned by Section 572.002 except that the terms do not
1-10 include a river authority or an employee of a river authority.
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
1-15 term includes a course of study at an institution of higher
1-16 education or a private or independent institution of higher
1-17 education as defined by Section 61.003, Education Code, if the
1-18 employing state agency spends money to assist the state employee to
1-19 meet the expense of the course of study or pays salary to the
1-20 employee to undertake the course of study as an assigned duty. The
1-21 term does not include training required either by state or federal
1-22 law or that is determined necessary by the agency and offered to
1-23 all employees of the agency performing similar jobs.
1-24 Sec. 656.102. AGENCY POLICY. Before a state agency spends
2-1 any money on training for a state employee, the state agency must
2-2 adopt a policy governing the training of employees, in addition to
2-3 the rules required by Section 656.048, that requires training to
2-4 relate to an employee's duties following the training.
2-5 Sec. 656.103. RESTRICTIONS. (a) If a state employee
2-6 receives training that is paid for by a state agency, and during
2-7 the training period the employee does not perform the employee's
2-8 regular duties for three or more months as a result of the
2-9 training, a policy adopted under Section 656.102 must include a
2-10 requirement that the employee:
2-11 (1) work for the agency following the training for at
2-12 least one month for each month of the training period; or
2-13 (2) pay the agency for all the costs associated with
2-14 the training that were paid during the training period, including
2-15 any amounts of the employee's salary that were paid and that were
2-16 not accounted for as paid vacation or compensatory leave.
2-17 (b) Before a state employee receives training that will be
2-18 paid for by a state agency and during which the employee will not
2-19 be performing the employee's regular duties for three months or
2-20 more, the agency shall require the employee to agree in writing,
2-21 before the training begins, to comply with the requirements
2-22 prescribed under Subsection (a).
2-23 (c) By an order adopted in a public meeting, the governing
2-24 body of a state agency may waive the requirements prescribed under
2-25 Subsection (a) and release a state employee from the obligation to
2-26 meet those requirements if the governing body finds that such
3-1 action is in the best interest of the agency or is warranted
3-2 because of an extreme personal hardship suffered by the employee.
3-3 Sec. 656.104. LIABILITY. If a state employee does not
3-4 provide the services required in accordance with Section
3-5 656.103(a)(1), provides those services for less than the required
3-6 term, or fails to make payments required in accordance with Section
3-7 656.103(a)(2) and the employee is not released from the obligation
3-8 to provide the services or to make the payments under Section
3-9 656.103(c), the employee is liable to the state agency for any
3-10 costs described by Section 656.103(a)(2) and for the agency's
3-11 reasonable expenses incurred in obtaining payment, including
3-12 reasonable attorney's fees.
3-13 Sec. 656.105. REPORT. Each state agency shall prepare and
3-14 submit an annual report to the Legislative Budget Board detailing
3-15 the amount of money expended by the agency in the preceding fiscal
3-16 year for training subject to this subchapter.
3-17 SECTION 2. Subtitle B, Title 6, Government Code, is amended
3-18 by adding Chapter 666 to read as follows:
3-19 CHAPTER 666. MEMBERSHIP DUES
3-20 Sec. 666.001. DEFINITION. In this chapter, "state agency"
3-21 has the meaning assigned by Section 572.002 except that the term
3-22 does not include a river authority.
3-23 Sec. 666.002. REPORTING OF MEMBERSHIP DUES. A state agency
3-24 that pays membership dues to an organization that pays all or part
3-25 of the salary of a person registered under Chapter 305 shall notify
3-26 the Legislative Budget Board, the Senate Finance Committee, and the
4-1 House Appropriations Committee of the payment. The notification
4-2 shall, at a minimum, include the name of the organization, the
4-3 amount of the membership dues, and the person or persons hired by
4-4 the organization who are registered under Chapter 305.
4-5 SECTION 3. (a) This Act takes effect September 1, 1999.
4-6 (b) Not later than September 15, 1999, each state agency
4-7 shall adopt a policy relating to the payment of training expenses
4-8 of state employees as required under Subchapter D, Chapter 656,
4-9 Government Code, as added by this Act.
4-10 SECTION 4. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 223 passed the Senate on
March 1, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 223 passed the House, with
amendment, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor