HBA-ALS S.B. 223 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 223 By: Ogden State Affairs 4/6/1999 Engrossed BACKGROUND AND PURPOSE During the interim of the 74th Legislature, the House Appropriations Subcommittee on Special Issues Related to State Compensation found that several state agencies pay for training and educational opportunities for employees with no guarantee that these employees will continue their employment subsequent to training or completion of educational programs. S.B. 223 sets forth requirements for a state agency's adoption of a state employee training policy, and sets forth the employee's responsibility subsequent to training. This bill requires such a policy to require an employee who receives training paid by the agency during which the employee does not perform regular duties for at least three months to work for the agency for at least one month for each month of the training period, or pay the agency for the costs of training. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 656, Government Code, by adding Subchapter D, as follows: SUBCHAPTER D. RESTRICTIONS ON CERTAIN TRAINING Sec. 656.101. DEFINITIONS. Defines "state agency," "state employee," and "training." Sec. 656.102. AGENCY POLICY. Provides that before a state agency spends any money on employee training, the agency must adopt an employee training policy that requires training to relate to an employee's duties, in addition to the rules required by Section 656.048, Government Code (Rules Relating to Training and Education). Sec. 656.103. RESTRICTIONS. (a) Provides that a policy must require the employee to work for the agency after the training for at least one month for each month of the training period or pay the agency for the costs associated with the training, including any of the employee's salary that was paid and that was not accounted for as paid vacation or compensatory leave in the event that a state agency pays for an employee's training and during the training period the employee does not perform the employee's regular duties for at least three months as a result of the training. (b) Requires a state agency to require the employee to agree in writing to comply with the requirements prescribed under Subsection (a) before a state employee receives training that is paid for by the agency and during which the employee will not be performing the employee's regular duties for three months or more. (c) Authorizes the governing body of a state agency, by an order adopted in a public meeting, to release a state employee from the requirements of Subsection (a) if the governing body finds it to be in the best interest of the agency or is warranted due to an extreme personal hardship of the employee. Sec. 656.104. LIABILITY. Provides that if a state employee does not provide the services required under Section 656.103(a), provides those services for less than the required term, or fails to make payments required under Section 656.103(a) and the employee is not released from the obligation, the employee is liable to the state agency for any costs described by Section 656.103(a) and for the agency's reasonable expenses incurred in obtaining payment, including reasonable attorney's fees. Sec. 656.105. REPORT. Requires each state agency to prepare and submit an annual report to the Legislative Budget Board detailing the amount of money expended by the agency in the preceding fiscal year for training subject to this subchapter. SECTION 2. Amends Subtitle B, Title 6, Government Code, by adding Chapter 666, as follows: CHAPTER 666. MEMBERSHIP DUES Sec. 666.001. DEFINITION. Defines "state agency." Sec. 666.002. REPORTING OF MEMBERSHIP DUES. Requires a state agency that pays membership dues to an organization which pays all or part of the salary of a person who is registered under Chapter 305 (Registration of Lobbyists) to notify the Legislative Budget Board, the Senate Finance Committee, and the House Appropriations Committee of the payment. Requires the notification to include the name of the organization, the amount of the membership dues, and the persons hired by the organization who are registered under Chapter 305. SECTION 3.(a) Effective date: September 1, 1999. (b) Requires each state agency to adopt a policy relating to the payment of training expenses of state employees as required under Subchapter D, Chapter 656, Government Code, as added by this Act, no later than September 15, 1999. SECTION 4.Emergency clause. Effective date: 90 days after adjournment.