By: Ogden S.B. No. 223
A BILL TO BE ENTITLED
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.
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 includes a course of study at an institution of higher
1-15 education or a private or independent institution of higher
1-16 education as defined by Section 61.003, Education Code, if the
1-17 employing state agency spends money to assist the state employee to
1-18 meet the expense of the course of study or pays salary to the
1-19 employee to undertake the course of study as an assigned duty. The
1-20 term does not include training required either by state or federal
1-21 law or that is determined necessary by the agency and offered to
1-22 all employees of the agency performing similar jobs.
1-23 Sec. 656.102. AGENCY POLICY. Before a state agency spends
1-24 any money on training for a state employee, the state agency must
2-1 adopt a policy governing the training of employees, in addition to
2-2 the rules required by Section 656.048, that requires training to
2-3 relate to an employee's duties following the training.
2-4 Sec. 656.103. RESTRICTIONS. (a) If a state employee
2-5 receives training that is paid for by a state agency, and during
2-6 the training period the employee does not perform the employee's
2-7 regular duties for three or more months as a result of the
2-8 training, a policy adopted under Section 656.102 must include a
2-9 requirement that the employee:
2-10 (1) work for the agency following the training for at
2-11 least one month for each month of the training period; or
2-12 (2) pay the agency for all the costs associated with
2-13 the training that were paid during the training period, including
2-14 any amounts of the employee's salary that were paid and that were
2-15 not accounted for as paid vacation or compensatory leave.
2-16 (b) Before a state employee receives training that will be
2-17 paid for by a state agency and during which the employee will not
2-18 be performing the employee's regular duties for three months or
2-19 more, the agency shall require the employee to agree in writing,
2-20 before the training begins, to comply with the requirements
2-21 prescribed under Subsection (a).
2-22 (c) By an order adopted in a public meeting, the governing
2-23 body of a state agency may waive the requirements prescribed under
2-24 Subsection (a) and release a state employee from the obligation to
2-25 meet those requirements if the governing body finds that such
2-26 action is in the best interest of the agency or is warranted
3-1 because of an extreme personal hardship suffered by the employee.
3-2 Sec. 656.104. LIABILITY. If a state employee does not
3-3 provide the services required in accordance with Section
3-4 656.103(a)(1), provides those services for less than the required
3-5 term, or fails to make payments required in accordance with Section
3-6 656.103(a)(2) and the employee is not released from the obligation
3-7 to provide the services or to make the payments under Section
3-8 656.103(c), the employee is liable to the state agency for any
3-9 costs described by Section 656.103(a)(2) and for the agency's
3-10 reasonable expenses incurred in obtaining payment, including
3-11 reasonable attorney's fees.
3-12 Sec. 656.105. REPORT. Each state agency shall prepare and
3-13 submit an annual report to the Legislative Budget Board detailing
3-14 the amount of money expended by the agency in the preceding fiscal
3-15 year for training subject to this subchapter.
3-16 SECTION 2. Subtitle B, Title 6, Government Code, is amended
3-17 by adding Chapter 666 to read as follows:
3-18 CHAPTER 666. MEMBERSHIP DUES
3-19 Sec. 666.001. DEFINITION. In this chapter, "state agency"
3-20 has the meaning assigned by Section 572.002.
3-21 Sec. 666.002. REPORTING OF MEMBERSHIP DUES. A state agency
3-22 that pays membership dues to an organization that pays all or part
3-23 of the salary of a person registered under Chapter 305 shall notify
3-24 the Legislative Budget Board, the Senate Finance Committee, and the
3-25 House Appropriations Committee of the payment. The notification
3-26 shall, at a minimum, include the name of the organization, the
4-1 amount of the membership dues, and the person or persons hired by
4-2 the organization who are registered under Chapter 305.
4-3 SECTION 3. (a) This Act takes effect September 1, 1999.
4-4 (b) Not later than September 15, 1999, each state agency
4-5 shall adopt a policy relating to the payment of training expenses
4-6 of state employees as required under Subchapter D, Chapter 656,
4-7 Government Code, as added by this Act.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.
4-13 COMMITTEE AMENDMENT NO. 1
4-14 Amend S.B. No. 223 as follows:
4-15 (1) In SECTION 1 of the bill, in added Section 656.101(1),
4-16 Government Code, between "Section 572.002" and the period
4-17 (engrossed version, page 1, line 9), insert "except that the terms
4-18 do not include a river authority or an employee of a river
4-19 authority".
4-20 (2) In SECTION 2 of the bill, in added Section 666.001,
4-21 Government Code, between "Section 572.002" and the period
4-22 (engrossed version, page 3, line 20), insert "except that the term
4-23 does not include a river authority".
4-24 76R13703 JRD-D McCall