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.
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