37 TAC §§379.8-379.16
The Texas Military Facilities Commission proposes new §§379.8-379.16,
relating to an employee training policy and procedure. The new sections are
proposed to implement the requirements of Texas Government Code, Chapter 656,
Subchapters C and D, which requires state agencies to adopt rules relating
to the eligibility of employees for training and education supported by the
agency and the obligations assumed by the employees on receiving training
and education.
New section 379.8 describes the statutory basis for the rules. New §379.9
limits the new sections' application to programs upon which the Commission
expends appropriated funds or for which employees receive time off from work
without the use of accrued leave. New §379.10 defines the type and content
of programs that are eligible for Commission support. New §379.11 defines
employee eligibility for education and training. New §379.12 describes
the application and approval process. New §379.13 describes the employees'
obligations with respect to course completion and continued employment with
the Commission following the receipt of training that last for three months
or longer. New §379.14 makes Commission supported training subject to
the availability of funds and retains employment at will. New §379.15
establishes funding criteria and establishes employees' obligations to reimburse
the Commission for training support under certain circumstances. New §379.16
establishes the effective date of the new rules.
Lydia Cruz, Director of Accounting and Administration, Texas Military Facilities
Commission, has determined that for the first five-year period the rules are
in effect there will be fiscal implications for the state government but no
cost to local government as a result of enforcing or administering the rules.
The anticipated cost to the state for each of the five years is $24,300.
Ms. Cruz also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be increased employee productivity based on the knowledge employees
will gain from participating in the educational and training opportunities.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rules as proposed.
Comments on the proposal may be submitted to Julie Wright, Texas Military
Facilities Commission, P.O. Box 5426, Austin, Texas 78763-5426.
The new sections are proposed under the Government Code, §435.011,
which provides the Texas Military Facilities Commission with the authority
to promulgate rules and under Chapter 656 which requires state agencies to
adopt rules relating to the eligibility of employees for training and education
supported by the agency and the obligations assumed by the employees on receiving
training and education.
The following section of the Government Code is affected by the proposed
new rules: Chapter 656.
§379.8. Authority.
The Texas Government Code, Chapter 656, Subchapters C and D requires
state agencies to adopt rules relating to the eligibility of employees for
training and education supported by the agency and the obligations assumed
by the employees on receiving the training and education. This chapter is
adopted to establish the Commission's policy and procedure for the education
and training of its employees.
§379.9. Scope.
This chapter applies only to education and training programs upon which
appropriated funds are expended or which are otherwise supported by the Commission
through the allowance of time off from work without the use of the employee's
accrued leave.
§379.10. Program Eligibility.
(a)
Program Type. These programs include correspondence courses;
college level equivalent classes or similar programs, and life experience
or work experience for which credit is granted. The following programs listed
in paragraphs (1)-(4) of this subsection may provide qualifying educational
and training opportunities.
(1)
College Degree Programs - Undergraduate and graduate programs
leading to bachelor or post-graduate degrees offered by colleges or universities
accredited by organizations recognized by the Texas Higher Education Coordinating
Board.
(2)
In Service Training and Education - Job-oriented
training that is essentially provided within the agency.
(3)
Out of Agency Staff Development - Workshops, seminars,
institutes, training sessions, college courses (with or without academic credit)
not taken as part of a college degree program, and other special programs
or activities offered either within or outside the state.
(4)
Internship Training - The type of learning experience
which can be attained through actual work experience.
(b)
Program Content. A program is eligible for Commission
support upon a determination by the employee's Division Director that the
content is related to the employee's duties or prospective duties and that
the program will:
(1)
prepare employees for technological or legal developments;
(2)
increase employee work capabilities; or
(3)
increase employee competence.
§379.11. Eligibility.
Full-time employees who have worked for the Commission a minimum of
six months whose performance evaluations indicate that their job performance
consistently meets or exceeds expectations and who are not the subject of
any disciplinary action are eligible for Commission supported education and
training. To maintain their eligibility employees who participate in educational
or training opportunities must achieve a passing grade in programs that measure
learning by test scores.
§379.12. Application Procedures, Documentation, and Notification.
(a)
Application. If employees request training that is to
be paid for by the Commission and if the employees will not be performing
regular duties for three months or more during the training period, then the
employees must agree on the application to work for the Commission for at
least one month following the training for each month of the training period
or to pay the Commission for all costs associated with the training, including
the employees' salary that was paid during the training period that was not
accounted for as vacation or compensatory leave. The application form will
notify employees that if they fail to comply with the provisions of this subsection
and their compliance is not excused by the Commission as being in the Commission's
best interest or for reason of extreme personal hardship, then Government
Code, §656.014 imposes liability on the employees for the Commission's
training costs and reasonable expenses in obtaining payment, including reasonable
attorney's fees. Employees seeking Commission educational or training support
must provide to their Division Directors an application in writing containing
the following information shown in paragraphs (1)-(4) of this subsection:
(1)
class or program title, costs, location, and schedule;
(2)
relevancy to duty or prospective duty assignment;
(3)
estimated cost to the Commission; and
(4)
a statement of the employee's agreement to continued
employment at least equal to the number of hours or semesters requested.
(b)
Director's Decision. Division Directors will evaluate
requests for Commission supported education and training based on duty assignments,
workload, division budgets, and other pertinent information. Directors shall
attempt to approve or disapprove the request within five days. The notification
to the employee shall be in writing and shall include the reason or reasons
for the decision.
(c)
Appeal and Executive Director's Decision. Employees may
appeal the Director's decision to the Executive Director within five days
by submitting a copy of their request and the Director's notification. The
Executive Director will notify the employee in writing of the Executive Director's
decision. The notification shall include the reason or reasons for the decision.
The Executive Director will review all requests to attend college level courses
on a case-by-case basis, using the criteria listed in this section. The Executive
Director's decision is final.
§379.13. Employee Obligations and Exemptions.
(a)
Work schedule variances may be granted for employees to
attend classes if the course is available only during business hours.
(b)
No more than four hours per employee per week may be granted
to attend college level courses during business hours. The Executive Director
will review unusual circumstances on a case-by-case basis and may grant additional
time.
(c)
Employees will provide the Division Director with grade
reports or certificates of completion prior to the Commission's reimbursement
for courses.
(d)
If employees receive training that is paid for by the
Commission and if the employees do not perform regular duties for three months
or more during the training period, then the employees must work for the Commission
for at least one month following the training for each month of the training
period or reimburse the Commission for its costs associated with the training,
including the employees' salaries that were paid during the training period
that were not accounted for as vacation or compensatory leave.
(e)
Employees are exempt from reimbursement and the continued
employment requirements if, due to a documented Family Medical Leave Act event,
the employee is unable to complete the training course.
§379.14. Agency Obligations and Rights.
(a)
The approval of all requests for training or education
is subject to the availability of funds.
(b)
The Commission in no way contracts for continued employment
by providing funds for training for duty assignments or anticipated staffing
needs. The adoption of these new sections does not create legally enforceable
rights in any employee or legally enforceable obligations against the Commission,
its Members, a Division Director or the Executive Director. All employees
of the Commission remain employees at will.
(c)
The Commission will not fund training costs to employees
terminated prior to the date of the training, regardless of prior request
approval.
(d)
The Commission may deny further training expenditures
to employees whose job performance is adversely affected by the training requirements.
§379.15. Financial Obligations.
(a)
Employees who receive a grant, scholarship or financial
assistance for approved agency related training will promptly report these
outside funds to the Commission. The Commission's funding may be reduced by
a like amount.
(b)
The Commission generally will not fund training in advance.
In unusual circumstances the Executive Director may authorize prepayment;
provided, however, employees are responsible for reimbursing costs if the
class/seminar is not attended, completed, or passed.
(c)
Employees who receive education or training funds or educational
leave who fail to achieve a passing grade or who fail to complete the program
for reasons other than a qualifying Family Medical Leave Act event are responsible
for reimbursing the Commission an amount equal to its total expenditures,
or for reimbursing the Commission for the total leave taken, either through
the use of prior leave accruals or salary deductions.
§379.16. Effective Date.
The new sections are effective on the date that the governor approves
them in writing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
August 9, 1999.
TRD-9904936
Jerry D. Malcolm
Executive Director
Texas Military Facilities Commission
Earliest possible date of adoption: September 19, 1999
For further information, please call: (512) 406-6971