By Ogden S.B. No. 223
76R2918 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on spending by state agencies for certain
1-3 employee training or certain membership dues.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 656, Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. RESTRICTIONS ON CERTAIN TRAINING
1-8 Sec. 656.101. DEFINITIONS. In this subchapter:
1-9 (1) "State agency" and "state employee" have the
1-10 meanings assigned by Section 572.002.
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 an employee from the obligation to meet
2-26 those requirements if the governing body finds that such action is
2-27 in the best interest of the agency or is warranted because of an
3-1 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 agency for any costs
3-9 described by Section 656.103(a)(2) and for the agency's reasonable
3-10 expenses incurred in obtaining payment, including reasonable
3-11 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 required to register under Chapter 305
3-24 shall notify the Legislative Budget Board, the Senate Finance
3-25 Committee, and the House Appropriations Committee of the payment.
3-26 The notification shall, at a minimum, include the name of the
3-27 organization, the amount of the membership dues, and the person or
4-1 persons hired by the organization who are required to register
4-2 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.