1-1 By: Ogden S.B. No. 223 1-2 (In the Senate - Filed January 22, 1999; January 28, 1999, 1-3 read first time and referred to Committee on State Affairs; 1-4 February 22, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 8, Nays 0; February 22, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 Amend S.B. No. 223 as follows: 1-8 (1) On page 2, on line 30, by striking "required to 1-9 register" and adding in its place "are registered" between the 1-10 words "who" and the word "under". 1-11 (2) On page 2, line 25, by striking "required to register" 1-12 and adding in its place "registered" between the words "salary of a 1-13 person" and "under Chapter 305". 1-14 A BILL TO BE ENTITLED 1-15 AN ACT 1-16 relating to restrictions on spending by state agencies for certain 1-17 employee training or certain membership dues. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Chapter 656, Government Code, is amended by 1-20 adding Subchapter D to read as follows: 1-21 SUBCHAPTER D. RESTRICTIONS ON CERTAIN TRAINING 1-22 Sec. 656.101. DEFINITIONS. In this subchapter: 1-23 (1) "State agency" and "state employee" have the 1-24 meanings assigned by Section 572.002. 1-25 (2) "Training" means instruction, teaching, or other 1-26 education received by a state employee that is not normally 1-27 received by other state employees and that is designed to enhance 1-28 the ability of the employee to perform the employee's job. The 1-29 term includes a course of study at an institution of higher 1-30 education or a private or independent institution of higher 1-31 education as defined by Section 61.003, Education Code, if the 1-32 employing state agency spends money to assist the state employee to 1-33 meet the expense of the course of study or pays salary to the 1-34 employee to undertake the course of study as an assigned duty. The 1-35 term does not include training required either by state or federal 1-36 law or that is determined necessary by the agency and offered to 1-37 all employees of the agency performing similar jobs. 1-38 Sec. 656.102. AGENCY POLICY. Before a state agency spends 1-39 any money on training for a state employee, the state agency must 1-40 adopt a policy governing the training of employees, in addition to 1-41 the rules required by Section 656.048, that requires training to 1-42 relate to an employee's duties following the training. 1-43 Sec. 656.103. RESTRICTIONS. (a) If a state employee 1-44 receives training that is paid for by a state agency, and during 1-45 the training period the employee does not perform the employee's 1-46 regular duties for three or more months as a result of the 1-47 training, a policy adopted under Section 656.102 must include a 1-48 requirement that the employee: 1-49 (1) work for the agency following the training for at 1-50 least one month for each month of the training period; or 1-51 (2) pay the agency for all the costs associated with 1-52 the training that were paid during the training period, including 1-53 any amounts of the employee's salary that were paid and that were 1-54 not accounted for as paid vacation or compensatory leave. 1-55 (b) Before a state employee receives training that will be 1-56 paid for by a state agency and during which the employee will not 1-57 be performing the employee's regular duties for three months or 1-58 more, the agency shall require the employee to agree in writing, 1-59 before the training begins, to comply with the requirements 1-60 prescribed under Subsection (a). 1-61 (c) By an order adopted in a public meeting, the governing 1-62 body of a state agency may waive the requirements prescribed under 1-63 Subsection (a) and release a state employee from the obligation to 2-1 meet those requirements if the governing body finds that such 2-2 action is in the best interest of the agency or is warranted 2-3 because of an extreme personal hardship suffered by the employee. 2-4 Sec. 656.104. LIABILITY. If a state employee does not 2-5 provide the services required in accordance with Section 2-6 656.103(a)(1), provides those services for less than the required 2-7 term, or fails to make payments required in accordance with Section 2-8 656.103(a)(2) and the employee is not released from the obligation 2-9 to provide the services or to make the payments under Section 2-10 656.103(c), the employee is liable to the state agency for any 2-11 costs described by Section 656.103(a)(2) and for the agency's 2-12 reasonable expenses incurred in obtaining payment, including 2-13 reasonable attorney's fees. 2-14 Sec. 656.105. REPORT. Each state agency shall prepare and 2-15 submit an annual report to the Legislative Budget Board detailing 2-16 the amount of money expended by the agency in the preceding fiscal 2-17 year for training subject to this subchapter. 2-18 SECTION 2. Subtitle B, Title 6, Government Code, is amended 2-19 by adding Chapter 666 to read as follows: 2-20 CHAPTER 666. MEMBERSHIP DUES 2-21 Sec. 666.001. DEFINITION. In this chapter, "state agency" 2-22 has the meaning assigned by Section 572.002. 2-23 Sec. 666.002. REPORTING OF MEMBERSHIP DUES. A state agency 2-24 that pays membership dues to an organization that pays all or part 2-25 of the salary of a person required to register under Chapter 305 2-26 shall notify the Legislative Budget Board, the Senate Finance 2-27 Committee, and the House Appropriations Committee of the payment. 2-28 The notification shall, at a minimum, include the name of the 2-29 organization, the amount of the membership dues, and the person or 2-30 persons hired by the organization who are required to register 2-31 under Chapter 305. 2-32 SECTION 3. (a) This Act takes effect September 1, 1999. 2-33 (b) Not later than September 15, 1999, each state agency 2-34 shall adopt a policy relating to the payment of training expenses 2-35 of state employees as required under Subchapter D, Chapter 656, 2-36 Government Code, as added by this Act. 2-37 SECTION 4. The importance of this legislation and the 2-38 crowded condition of the calendars in both houses create an 2-39 emergency and an imperative public necessity that the 2-40 constitutional rule requiring bills to be read on three several 2-41 days in each house be suspended, and this rule is hereby suspended. 2-42 * * * * *