Part 17.
TEXAS STATE SOIL AND WATER CONSERVATION BOARD
Chapter 518.
GENERAL PROCEDURES
Subchapter A. EMPLOYEE TRAINING RULES
31 TAC §518.1, §518.2
The Texas State Soil and Water Conservation Board proposes
new §518.1 and §518.2, concerning the training and education of
its employees in accordance with provisions of the Texas Government Code, §§656.044
- 656.049.
Bobbie Stephens, Director of Administration, has determined that there
will not be any fiscal implications as a result of enforcing or administering
the rules.
There will be no effect on state government for the first five-year period
the rules will be in effect.
There will be no effect on local government for the first five-year period
the rules will be in effect.
There is no anticipated effect on small or micro businesses.
Comments on the proposal may be submitted to Robert G. Buckley, Texas State
Soil and Water Conservation Board, P.O. Box 658, Temple, TX 76503.
The new rules are proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil & Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other statutes, articles or codes are affected by the new rules.
§518.1. Policy Statement.
Use of state funds. The Texas State Soil and Water Conservation Board
may use state funds to provide training and education for its employees in
accordance with provisions of the Texas Government Code, §§656.044
- 656.049.
(1)
Training to be duty related. The training or education
shall be related to the duties or prospective duties of the employee.
(2)
Attendance may be required. A State Board 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.
(3)
Training program outline. The training and educational
program of the State Board may include the following elements:
(A)
preparing for technological and legal development;
(B)
increasing work capabilities; and
(C)
increasing the competence of State Board employees.
(4)
Purposes for which public funds may be used.
The State Board may spend public funds as appropriate to pay the salary, tuition
and other fees, mileage and per diem, training, expenses of training materials,
and other necessary expenses of an instructor, or an employee in a training
or education program.
(5)
Interagency coordination. The State Board may contract
with another state, local or federal department, agency, or institution, including
a state-supported college or university, to train or educate its employees
or may join in presenting a training or educational program.
(6)
Approval subject to available funds and workload.
Approval to participate in a training program is not automatic and may be
subject to the availability of funds within the State Board's budget or the
current or anticipated workload of the employee requesting a specific time
period for a training program.
(7)
Components of program. The employee-training program
for the board consists of training, seminars and conferences, as set out and
described in paragraphs (8) and (9) of this section.
(8)
State Board-sponsored training. The State Board may
pay for in-house training for State Board employees, as provided.
(9)
Seminars and conferences. The State Board may also
pay for training seminars or conferences unavailable in-house and related
to a current or prospective duty assignment. Requests to attend an external
training program, seminar or conference must be approved by the employee's
direct program director. Training, seminars or conferences which are required
to maintain a professional license will be considered a priority in allocating
a program's training budget if the license is a requirement of the employee's
job. Attendance at an approved training program, seminar or conference will
be considered part of the employee's normal work duties. An employee will
not be required to use accrued leave to attend an approved training program,
seminar or conference.
§518.2. Approval to Participate in a Training Program, Including State Board-Sponsored Training, Seminars or Conferences Shall Not in Any Way Affect an Employee's at Will Status.
The approval of a training program is not a guarantee or indication
that approval will be granted for subsequent training programs. Approval to
participate in a training program, including State Board-sponsored training,
seminars or conferences shall not in any way constitute a guarantee or indication
of continued employment, nor shall it constitute a guarantee of future employment
in a current 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 January 25, 2000.
TRD-200000487
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 12, 2000
For further information, please call: (254) 773-2250
Subchapter A. TECHNICAL ASSISTANCE PROGRAM
31 TAC §519.1, §519.7
The Texas State Soil and Water Conservation Board proposes
amendments to 31 TAC §519.1 and §519.7, defining technical assistance
expenditures eligible for reimbursement and procedures for claiming reimbursement.
The proposed amendments broaden the definition of eligible expenses and
changes the procedures for payment to districts.
Bobbie Stephens, Assistance Executive Director Administration, has determined
that there will not be any fiscal implications as a result of enforcing or
administering the rules.
There will be no effect on state government for the first five-year period
the rules will be in effect.
There will be no effect on local government for the first five-year period
the rules will be in effect.
There is no anticipated effect on small or micro businesses.
Bobbie Stephens, Assistant Executive Director Administration, has determined
that for each year of the first five years the rules as proposed are in effect
there will be no appreciable effect on public benefit. There is no anticipated
economic cost to individuals who are required to comply with the rules.
Comments on the proposal may be submitted to Robert G. Buckley, Texas State
Soil and Water Conservation Board, P.O. Box 658, Temple, TX 76503.
The amendments are proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other statutes, articles or codes are affected by the amendments.
§519.1. Policy Statement.
It is the policy of the State Soil and Water Conservation Board to
develop and implement a program to provide technical assistance for the development
and implementation of soil and water conservation plans and soil and water
conservation measures. In accordance with this purpose,
§§519.1
- 519.12
[
§519.7. Eligible Expenditures.
(a)
Expenditures eligible for reimbursement include the wages
or salary paid to a district soil conservation technician. A soil conservation
technician generally works with owners and operators of agricultural or other
lands on activities associated with planning, administration, installation
and maintenance of conservation practices.
(b)
Other expenditures [
(1)
wages and salaries paid to technicians at plant materials
centers;
(2)
employer's matching on
Social Security and Medicare wages;
(3)
[
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 January 25, 2000.
TRD-200000483
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 12, 2000
For further information, please call: (254) 773-2250
The Texas State Soil and Water Conservation Board proposes the repeal
of 31 TAC §§519.9 - 519.11, and simultaneously proposes new §§519.9
- 519.12, defining technical assistance expenditures eligible for reimbursement
and procedures for claiming reimbursement.
The proposed rules broaden the definition of eligible expenses and changes
the procedures for payment to districts.
The repeal of §§519.9 - 519.11 will allow the clarification of
eligible expenditures and procedures for claiming technical assistance funds.
New §§519.9 - 519.12 will better define technical assistance expenditures
eligibility for reimbursement and procedures for claiming reimbursement. The
new rules broaden the definition of eligible expenses and changes the procedures
for payments to districts.
New §519.9 will implement House Bill (HB) 1, 76th Legislature, Regular
Session, 1999, Article VI, Rider 4 (§4) describing the process for reimbursement
by and 80/20 rule. Eighty percent will be allocated to Districts and upon
expending the funds a request for 20% can be processed.
New §519.10 will implement the reports required to be eligible for
the 80/20 fund distribution. Quarterly and Annual reports showing expenditures
and receipts must be submitted to the Texas State Soil & Water Conservation
Board in a timely manner to be eligible for funds dispersal.
New §519.11 will implement Auditing procedures of the program process
and funds. Details the withholding of funds if auditing procedures are not
met by the District.
New §519.12 will implement the Nepotism guidelines of the program.
Details how funds will be withheld if Districts are found to be in violation
of the state nepotism statutes.
Bobbie Stephens, Assistance Executive Director Administration, has determined
that there will not be any fiscal implications as a result of enforcing or
administering the rules.
There will be no effect on state government for the first five-year period
the rules will be in effect.
There will be no effect on local government for the first five-year period
the rules will be in effect.
There is no anticipated effect on small or micro businesses.
Bobbie Stephens, Assistant Executive Director Administration, has determined
that for each year of the first five years the rules as proposed are in effect
there will be no appreciable effect on public benefit. There is no anticipated
economic cost to individuals who are required to comply with the rules.
Comments on the proposal may be submitted to Robert G. Buckley, Texas State
Soil and Water Conservation Board, P.O. Box 658, Temple, TX 76503.
31 TAC §§519.9 - 519.11
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Soil and Water Conservation Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other statutes, articles or codes are affected by the repeals.
§519.9. Claims for Reimbursement.
§519.10. Audits.
§519.11. Nepotism.
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 January 25, 2000.
TRD-200000481
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 12, 2000
For further information, please call: (254) 773-2250
31 TAC §§519.9 - 519.12
The new rules are proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other statutes, articles or codes are affected by these new rules.
§519.9. Payment of State Funds.
(a)
On the first working day of each fiscal year or as soon
as possible thereafter, the State Board shall cause to be paid to each district
80% of the amount allocated to that district for the fiscal year.
(b)
Additional payments including the 20% not paid at the
beginning of the fiscal year and any adjustments made possible by other funding
sources or unused allocations from other districts may be paid to a district
at such time as requested by the district provided;
(1)
the initial 80% payment has been substantially expended,
and
(2)
the district has complied with the reporting requirements
of §519.10 and §519.11 of this chapter.
(3)
grant allocations are made contingent upon districts
filing quarterly expenditure reports and an annual grant expenditure summary
report.
(c)
any unexpended and unobligated balance on the district
books at August 31 will be treated as a payment toward that districts allocation
for the subsequent fiscal year.
§519.10. Reports Required.
(a)
Each district receiving funds under provisions of this
chapter shall file with the State Board a quarterly report of program receipts
and expenditures no later than the 30th of the month following the end of
each quarter.
(b)
Quarterly reports shall be made on forms provided by the
State Board.
(c)
For purposes of this section, quarter ending dates are
the last day of November, February, May, and August.
(d)
The district shall file an Annual Grant Summary Report
on or before September 30 of each year on forms provided by the State Board.
§519.11. Audits.
The State Board shall have access to all district records for the purpose
of verifying compliance with the provisions of this subchapter and other state
requirements. The State Board may withhold funds under this subchapter from
districts found to be in violation of this subchapter or other state requirements
and may require districts to reimburse the State Board for expenditures claimed
and reimbursed that are found to be in violation of this subchapter or other
state requirements. Any district which has not met the filling requirements
of §525.7 of this title, will not receive reimbursements under this subchapter
until such reports are received in the State Office in Temple.
§519.12. Nepotism.
The State Board may withhold funds under this subchapter from districts
or other entities found by the State Board to be in violation of state nepotism
statutes.
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 January 25, 2000.
TRD-200000482
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 12, 2000
For further information, please call: (254) 773-2250
Subchapter A. TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES
31 TAC §521.1, §521.7
The Texas State Soil and Water Conservation Board proposes
amendments to 31 TAC §521.1 and §521.7, defining technical assistance
expenditures eligible for reimbursement and procedures for claiming reimbursement.
The proposed amendments broaden the definition of eligible expenses and
changes the procedures for payments to districts.
Bobbie Stephens, Assistant Executive Director Administration, has determined
that there will not be any fiscal implications as a result of enforcing or
administering the rules.
There will be no effect on state government for the first five-year period
the rules will be in effect.
There will be no effect on local government for the first five-year period
the rules will be in effect.
There is no anticipated effect on small or micro businesses.
Bobbie Stephens, Assistant Executive Director Administration, has determined
that for each year of the first five years the rules as proposed are in effect
the improved flow of funds to the districts should result in easier and quicker
access to district services by the public. There is no anticipated economic
cost to individuals who are required to comply with the rules.
Comments on the proposal may be submitted to Robert G. Buckley, Texas State
Soil and Water Conservation Board, P.O. Box 658, Temple, TX 76503.
The amendments are proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other statutes, articles or codes are affected by the amendments.
§521.1. Policy Statement.
It is the policy of the State Soil and Water Conservation Board to
implement the intent of the 69th Legislature, 1985, House Bill 2, by developing
a program for agricultural soil and water conservation to conserve the state's
soil and water resources and provide resulting benefits to all of the state's
citizens. In accordance with this purpose,
§§521.1 - 521.13
[
§521.7. Eligible Expenditures.
(a)
Eligible districts, upon approval by the state board,
may receive
funds
[
(b)
Other activities approved by the state board under these
sections may be eligible for funding.
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 January 25, 2000.
TRD-200000484
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 12, 2000
For further information, please call: (254) 773-2250
The Texas State Soil and Water Conservation Board proposes the repeal
of 31 TAC §521.10 and §521.11, and simultaneously proposes new §§521.10
- 521.13, defining technical assistance expenditures eligible for reimbursement
and procedures for claiming reimbursement.
The proposed rules broaden the definition of eligible expenses and changes
the procedures for payment to districts.
The repeal of §521.10 and §521.11 will allow the clarification
of eligible expenditures and procedures for claiming technical assistance
funds. New §§521.10 - 521.13 will better define technical assistance
expenditure eligibility for reimbursement and procedures for claiming reimbursement.
The new rules broaden the definition of eligible expenses and changes the
procedures for payments to districts.
New §521.10 will implement House Bill (HB) 1, 76th Legislature, Regular
Session, 1999, Article VI, Rider 4 (§4) describing the process for reimbursement
by and 80/20 rule. Eighty percent will be allocated to Districts and upon
expending the funds a request for 20% can be processed.
New §521.11 will implement the reports required to be eligible for
the 80/20 fund distribution. Quarterly and Annual reports showing expenditures
and receipts must be submitted to the Texas State Soil & Water Conservation
Board in a timely manner to be eligible for funds dispersal.
New §521.12 will implement Auditing procedures of the program process
and funds. Details the withholding of funds if auditing procedures are not
met by the District.
New §521.13 will implement the priority in the expending of funds.
When requests exceed available funds the State Board will prioritize in accordance
with guidelines §521.3.
Bobbie Stephens, Assistant Executive Director Administration, has determined
that there will not be any fiscal implications as a result of enforcing or
administering the rules.
There will be no effect on state government for the first five-year period
the rules will be in effect.
There will be no effect on local government for the first five-year period
the rules will be in effect.
There is no anticipated effect on small or micro businesses.
Bobbie Stephens, Assistant Executive Director Administration, has determined
that for each year of the first five years the rules as proposed are in effect
the improved flow of funds to the districts should result in easier and quicker
access to district services by the public. There is no anticipated economic
cost to individuals who are required to comply with the rules.
Comments on the proposal may be submitted to Robert G. Buckley, Texas State
Soil and Water Conservation Board, P.O. Box 658, Temple, TX 76503.
Chapter 519.
TECHNICAL ASSISTANCE
§§519.1 - 519.11
] of this title (relating
to Technical Assistance Program) are adopted.
which may be
] specifically
approved as eligible expenditures by the state board include, but are not
limited to:
2
] other activities contributing
to the carrying out of district responsibilities.
Subchapter A. TECHNICAL ASSISTANCE PROGRAM
Chapter 521.
AGRICULTURAL WATER CONSERVATION
§§521.1 - 521.11
] of this title (relating to
Technical Assistance Program for Soil and Water Conservation Land Improvement
Measures) are adopted to implement the Agriculture Code of Texas, Subchapter
H, §§201.201 - 201.204.
reimbursement
] for salaries or wages
paid to district personnel for performing or being trained to perform technical
assistance duties in relation to priorities established under §521.5
of this title (relating to Priorities). Such
funds
[
reimbursements
] will be limited to the allocations set by the state board. Employment
related expenses other than salaries or wages
and the employer's matching
of Social Security and Medicare taxes
shall be borne by the district.
Subchapter A. TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES