BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 381

                                                                                                                                  By: Allen, Alma

                                                                                                                                Higher Education

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current law states that a state agency may contract with another state, local or federal department, agency or institution, including a state-supported community college or university, to train or educate its employees, or may join in presenting a training or educational program.

 

C.S.H.B. 381 amends Government Code by adding (b) to Section 656.049, and adding Section 656.050.  The purpose of these additions are to require state agencies to use the resources that

are already available to them through state institutions of higher education, for the training and education of their employees.  Currently, institutions of higher education may or may not be used for training and education, yet can often offer training and education of comparable quality, at a lower cost.  By using institutions of higher education, we would be recycling money through state institutions, whenever possible and economical.  C.S.H.B. 381 requires state agencies to use state institutions of higher education to train and educate their employees, if the state institution of higher education is able to provide the training and education programs at a comparable quality, lower cost, and in the same geographical area as the agencies' employees.

 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1:  Section 656.043 of the Government Code is amended.  Provides for definitions of "institution of higher education," and "state agency."

 

SECTION 2:  Section 656.049 of the Education Code is amended to add additional language.  A state agency may not contract with a private person to train or educate a state agency administrator or employee of an institution of higher education is able to provide training or education.

 

SECTION 3:  Subchapter C, Chapter 656 of the Government Code is amended by adding language related to training provided by public junior colleges.  Requires a state agency to use an institution of higher education to provide training or education to its administrators and employees, as long as it meets certain requirements as specified.

 

A state agency may use an institution of higher education to supplement or enhance the training or education provided by full-time state agency employees to the agency's other employees.

 

SECTION 4:  This section applies only to a contract entered into on or after the effective date of this Act.  A contract entered into before the effective date of this Act is covered by the law in effect when the contract was entered into, and the former law is continued in effect for that purpose.

 

SECTION 5:  Effective date.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

HB 381 requires state agencies to contract with public junior colleges for training and education of their employees, if the public junior college is able to provide the required training in the geographical area of the agency administrator or employee, and at a lower cost.

 

CSHB 381 changes "public junior colleges" to "institution of higher education."  Adds language that a state agency may contract with a private person if the institution of higher education is unable to provide the education or training within the time period needed, and according to a schedule acceptable to the agency.

 

The substitute restructures the language to read more efficiently by listing the criteria an institution of higher education must meet to be used for state agency employee training all under one section, and numbering them.  The substitute also includes the definition of "institution of higher education."