84R6976 YDB-D
By: Simmons H.B. No. 3978
A BILL TO BE ENTITLED
AN ACT
relating to limitations on training and education for state agency
administrators and employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 656.043, Government Code, is amended to
read as follows:
Sec. 656.043. DEFINITION. In this subchapter, "state
agency" means a department, agency, or institution of the
executive, legislative, or judicial branch of [this] state
government, including an institution of higher education as defined
by Section 61.003, Education Code, the office of the lieutenant
governor, the office of the speaker of the house of
representatives, and the office of each member of the senate and
house of representatives.
SECTION 2. Section 656.044, Government Code, is amended to
read as follows:
Sec. 656.044. PUBLIC FUNDS FOR TRAINING AND EDUCATION. (a)
A state agency may use public funds to provide training and
education for its administrators and employees. The training or
education must be related to the mission of the agency and the
duties or prospective duties of the administrator or employee.
(b) Public funds may be spent to provide education only for
state agency administrators and employees who are paid annually by
the state a salary or total hourly wages in an amount that does not
exceed $110,000.
SECTION 3. Section 656.047, Government Code, is amended to
read as follows:
Sec. 656.047. PAYMENT OF PROGRAM EXPENSES. (a) Except as
provided by this section or other law, a [A] state agency may spend
public funds as appropriate to pay the salary, tuition and other
fees, travel and living expenses, training stipend, expense of
training materials, and other necessary expenses of an instructor,
student, or other participant in a training or education program.
(b) For an administrator or employee of a state agency who
is enrolled in an associate, baccalaureate, graduate,
postgraduate, or professional degree education program for which
the administrator or employee seeks reimbursement from this state,
the agency may not reimburse tuition expenses unless the courses
are credited toward a degree education program at an institution of
higher education, as defined by Section 61.003, Education Code.
(c) For tuition expenses authorized under Subsection (b), a
state agency may only pay an amount not to exceed 50 percent of the
tuition expenses for each course successfully completed by the
administrator or employee. The administrator or employee must earn
a grade point average of at least 3.0 on a four-point scale or the
equivalent for the course.
(d) A state agency may not pay tuition expenses authorized
under Subsection (b) for more than one associate, baccalaureate,
graduate, postgraduate, or professional degree education program
for an administrator or employee of the agency.
(e) A state agency may not pay, with respect to an education
program for which tuition reimbursement is authorized under
Subsection (b), any other expense, including associated fees,
travel and living expenses, books, and materials, incurred by the
state agency administrator or employee.
(f) Subsection (b) does not authorize a state agency to pay
the tuition expenses of an elected officer, as defined by Section
572.002, or a former elected officer.
SECTION 4. Section 656.048, Government Code, is amended by
adding Subsection (b) to read as follows:
(b) A state agency shall adopt rules requiring that before
an administrator or employee of the agency may be reimbursed for
tuition expenses under Section 656.047(b):
(1) the executive director or executive head of the
agency sign a statement authorizing the tuition payment; and
(2) the administrator or employee sign a statement
agreeing to:
(A) work for the agency for not less than three
years from the date the course for which tuition is reimbursed is
completed, unless the administrator's or employee's position is
eliminated under a reduction in force; or
(B) if the administrator or employee does not
fulfill the requirement of Paragraph (A), repay the agency an
amount equal to the amount the agency paid for the administrator's
or employee's tuition expenses plus five percent interest
compounded annually until that amount is repaid.
SECTION 5. Section 656.101, Government Code, is amended to
read as follows:
Sec. 656.101. DEFINITIONS. In this subchapter:
(1) "State agency" has the meaning assigned by Section
656.043.
(1-a) "State [and "state] employee" has the meaning
[have the meanings] assigned by Section 572.002 [except that the
terms do not include a river authority or an employee of a river
authority].
(2) "Training" means instruction, teaching, or other
education received by a state employee that is not normally
received by other state employees and that is designed to enhance
the ability of the employee to perform the employee's job. The term
includes a course of study at an institution of higher education [or
a private or independent institution of higher education] as
defined by Section 61.003, Education Code, if the employing state
agency spends money to assist the state employee to meet the expense
of the course of study or pays salary to the employee to undertake
the course of study as an assigned duty. The term does not include a
course of study at a private or independent institution of higher
education as defined by Section 61.003, Education Code, a degree
education program for which reimbursement of tuition expenses is
authorized under Section 656.047(b), or training required either by
state or federal law or that is determined necessary by the agency
and offered to all employees of the agency performing similar jobs.
SECTION 6. Section 656.102, Government Code, is amended to
read as follows:
Sec. 656.102. AGENCY POLICY. Before a state agency spends
any money on training for a state employee, the state agency must
adopt a policy governing the training of employees, in addition to
the rules required by Section 656.048, that requires training to
relate to the mission of the agency and to an employee's duties
following the training.
SECTION 7. The changes in law made by this Act apply only to
training and education expenses paid by a state agency on or after
the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2015.