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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on training and education for state agency |
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administrators and employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 656.043, Government Code, is amended to |
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read as follows: |
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Sec. 656.043. DEFINITION. In this subchapter, "state |
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agency" means a department, agency, or institution of the |
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executive, legislative, or judicial branch of [this] state |
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government, including an institution of higher education as defined |
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by Section 61.003, Education Code, the office of the lieutenant |
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governor, the office of the speaker of the house of |
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representatives, and the office of each member of the senate and |
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house of representatives. |
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SECTION 2. Section 656.044, Government Code, is amended to |
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read as follows: |
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Sec. 656.044. PUBLIC FUNDS FOR TRAINING AND EDUCATION. (a) |
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A state agency may use public funds to provide training and |
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education for its administrators and employees. The training or |
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education must be related to the mission of the agency and the |
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duties or prospective duties of the administrator or employee. |
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(b) Public funds may be spent to provide education only for |
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state agency administrators and employees who are paid annually by |
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the state a salary or total hourly wages in an amount that does not |
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exceed $110,000. |
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SECTION 3. Section 656.047, Government Code, is amended to |
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read as follows: |
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Sec. 656.047. PAYMENT OF PROGRAM EXPENSES. (a) Except as |
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provided by this section or other law, a [A] state agency may spend |
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public funds as appropriate to pay the salary, tuition and other |
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fees, travel and living expenses, training stipend, expense of |
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training materials, and other necessary expenses of an instructor, |
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student, or other participant in a training or education program. |
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(b) For an administrator or employee of a state agency who |
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is enrolled in an associate, baccalaureate, graduate, |
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postgraduate, or professional degree education program for which |
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the administrator or employee seeks reimbursement from this state, |
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the agency may not reimburse tuition expenses unless the courses |
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are credited toward a degree education program at an institution of |
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higher education, as defined by Section 61.003, Education Code. |
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(c) For tuition expenses authorized under Subsection (b), a |
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state agency may only pay an amount not to exceed 50 percent of the |
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tuition expenses for each course successfully completed by the |
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administrator or employee. The administrator or employee must earn |
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a grade point average of at least 3.0 on a four-point scale or the |
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equivalent for the course. |
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(d) A state agency may not pay tuition expenses authorized |
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under Subsection (b) for more than one associate, baccalaureate, |
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graduate, postgraduate, or professional degree education program |
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for an administrator or employee of the agency. |
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(e) A state agency may not pay, with respect to an education |
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program for which tuition reimbursement is authorized under |
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Subsection (b), any other expense, including associated fees, |
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travel and living expenses, books, and materials, incurred by the |
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state agency administrator or employee. |
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(f) Subsection (b) does not authorize a state agency to pay |
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the tuition expenses of an elected officer, as defined by Section |
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572.002, or a former elected officer. |
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SECTION 4. Section 656.048, Government Code, is amended by |
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adding Subsection (b) to read as follows: |
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(b) A state agency shall adopt rules requiring that before |
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an administrator or employee of the agency may be reimbursed for |
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tuition expenses under Section 656.047(b): |
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(1) the executive director or executive head of the |
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agency sign a statement authorizing the tuition payment; and |
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(2) the administrator or employee sign a statement |
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agreeing to: |
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(A) work for the agency for not less than three |
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years from the date the course for which tuition is reimbursed is |
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completed, unless the administrator's or employee's position is |
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eliminated under a reduction in force; or |
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(B) if the administrator or employee does not |
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fulfill the requirement of Paragraph (A), repay the agency an |
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amount equal to the amount the agency paid for the administrator's |
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or employee's tuition expenses plus five percent interest |
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compounded annually until that amount is repaid. |
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SECTION 5. Section 656.101, Government Code, is amended to |
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read as follows: |
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Sec. 656.101. DEFINITIONS. In this subchapter: |
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(1) "State agency" has the meaning assigned by Section |
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656.043. |
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(1-a) "State [and "state] employee" has the meaning |
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[have the meanings] assigned by Section 572.002 [except that the
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terms do not include a river authority or an employee of a river
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authority]. |
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(2) "Training" means instruction, teaching, or other |
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education received by a state employee that is not normally |
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received by other state employees and that is designed to enhance |
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the ability of the employee to perform the employee's job. The term |
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includes a course of study at an institution of higher education [or
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a private or independent institution of higher education] as |
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defined by Section 61.003, Education Code, if the employing state |
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agency spends money to assist the state employee to meet the expense |
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of the course of study or pays salary to the employee to undertake |
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the course of study as an assigned duty. The term does not include a |
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course of study at a private or independent institution of higher |
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education as defined by Section 61.003, Education Code, a degree |
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education program for which reimbursement of tuition expenses is |
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authorized under Section 656.047(b), or training required either by |
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state or federal law or that is determined necessary by the agency |
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and offered to all employees of the agency performing similar jobs. |
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SECTION 6. Section 656.102, Government Code, is amended to |
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read as follows: |
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Sec. 656.102. AGENCY POLICY. Before a state agency spends |
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any money on training for a state employee, the state agency must |
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adopt a policy governing the training of employees, in addition to |
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the rules required by Section 656.048, that requires training to |
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relate to the mission of the agency and to an employee's duties |
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following the training. |
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SECTION 7. The changes in law made by this Act apply only to |
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training and education expenses paid by a state agency on or after |
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the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2015. |