28 TAC §§103.1-103.3
The Texas Workers' Compensation Commission (the Commission)
proposes new §§103.1, 103.2, and 103.3, concerning employee training
and education programs. The new rules are proposed to codify policies and
procedures currently implemented and to be established by the Commission regarding
the training and education programs available to its employees. Government
Code, §656.048, requires state agencies to adopt rules relating to the
eligibility of the agency's administrators and employees for training and
education supported by the agency and relating to the obligations assumed
by the administrators and employees on receiving the training and education.
Proposed new §103.1 sets out the Commission's general provisions regarding
training and education programs for employees. Proposed subsection (a) permits
the use of state funds for training and education of Commission employees
and subsection (b) requires that the training or education be related to the
duties or prospective duties of the employee. Proposed subsection (c) requires
that the training and education program benefit both the Commission and the
participating employee and sets out the benefits expected. Proposed subsection
(d) states that a Commission employee may be required by the Commission to
attend training or education programs related to the employee's job duties,
and subsection (e) provides that participation in state-funded training and
education programs is subject to the availability of funds.
Proposed new §103.2 lists the types of training and education that
the Commission will include in its program and requires that the Commission
develop policies which contain the elements listed in subsection (b).
Proposed new §103.3 clarifies that approval to participate in a training
or education program paid for with state funds does not affect an employee's
at-will employment status and does not constitute a guarantee of continued
employment in a current or prospective position with the Commission.
The text of the proposed rules published in the
Texas Register
should be read to determine all proposed language.
Luis A. Arellano, Budget Manager, has determined that for the first five-year
period the proposed rules are in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
rules. The only fiscal impact that would result from the rules would be to
the Commission. The policies required by the rules would be internal policies
applicable only to the Commission and therefore would not affect any other
state or local governmental entities.
Mr. Arellano has also determined that for each year of the first five years
the rules as proposed are in effect the public benefit anticipated as a result
of enforcing the rules will be the development of policies to address the
requirements for Commission-funded training or education programs. These policies
will provide consistency in the provision of training and education to and
increase the knowledge and skills of Commission employees.
There will be no anticipated economic costs to persons who are required
to comply with the rules as proposed. There will be no cost of compliance
for small or large businesses. The proposed rules would apply only to the
Commission.
Comments on the proposal or requests for public hearing must be submitted
to Donna Davila by June 28, 1999, at Office of the General Counsel, Mailstop
#4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South
IH-35, Austin, Texas 78704-7491. The rules as adopted may be revised from
the rules as proposed.
The new rules are proposed under the Texas Labor Code, §402.061,
which authorizes the Commission to adopt rules necessary to administer the
Act; and the Texas Government Code, §656.048, which provides that each
state agency shall adopt rules relating to the eligibility of the agency's
administrators and employees for training and education supported by the agency,
and the obligations assumed by the administrators and employees on receiving
the training and education.
The proposed new rules affect the following statutes: Texas Labor Code,
§402.061, which authorizes the Commission to adopt rules necessary to
administer the Act; and the Texas Government Code, §656.048, which provides
that each state agency shall adopt rules relating to the eligibility of the
agency's administrators and employees for training and education supported
by the agency, and the obligations assumed by the administrators and employees
on receiving the training and education.
§103.1.General Provisions.
(a)
The Commission may use state funds to provide training
and education for its employees in accordance with the State Employees Training
Act (Texas Government Code, §§656.044-656.049).
(b)
The training or education shall be related to the duties
or prospective duties of the employee.
(c)
The Commission's training and education program will be
designed to benefit both the Commission and the employees participating by:
(1)
preparing for technological and legal developments;
(2)
increasing work capabilities;
(3)
increasing the number of qualified employees in areas
for which the Commission has difficulty in recruiting and retaining employees;
and
(4)
increasing the competence of Commission employees.
(d)
A Commission employee may be required to attend, as part
of the employee's duties, a training or education program related to the employee's
duties or prospective duties.
(e)
Approval to participate in a training or education program
is not automatic and is subject to the availability of funds within the Commission's
budget.
§103.2.Employee Training and Education Program.
(a)
The employee training and education program for the Commission
shall include:
(1)
agency-sponsored training provided in-house or by contract;
(2)
seminars and conferences;
(3)
technical or professional certifications and licenses;
and
(4)
tuition reimbursement for degree and non-degree program
courses.
(b)
The executive director shall develop policies for administering
each of the components of the employee training and education program. These
policies shall include:
(1)
eligibility requirements for participation;
(2)
designation of appropriate level of approval for participation;
and
(3)
obligations of program participants.
§103.3.No Effect on At-Will Status.
(a)
Approval to participate in any portion of the Commission's
training and education program shall not in any way affect an employee's at-will
status.
(b)
Participation in the training and education program shall
not in any way constitute a guarantee or indication of continued employment,
nor shall it constitute a guarantee or indication of future employment in
a current or prospective position.
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
May 17, 1999.
TRD-9902810
Susan M. Cory
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: June 27, 1999
For further information, please call: (512) 707-5829