TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 1. GENERAL LAND OFFICE

Chapter 3. GENERAL PROVISIONS

The Texas General Land Office (GLO) proposes a new Chapter 3, relating to General Provisions, Subchapter A, relating to Property Accountability, §3.1, relating to Restrictions on Assignment of Vehicles and Subchapter B, relating to Training and Education of Employees, §3.21, relating to Training and Education, §3.22, relating to Employee Obligation, §3.23, relating to Training and Education Materials, and §3.24, relating to No Effect on At-Will Employment Status.

The Texas General Land Office is proposing the new chapter so that it may contain rules that govern the effective administration of the agency. The proposed new Subchapter A relating to Property Accountability with the proposed new section is in response to House Bill 3125, 76th Legislature, 1999, that required the General Services Commission and the Council on Competitive Government to develop a plan for improving the administrations and operation of the state's vehicles. This plan was recently adopted. The bill further requires each state agency to adopt rules, consistent with the plan, relating to the assignment and use of the agency's vehicles. Section 3.1 is necessary to comply with House Bill 3125. The proposed new Subchapter B relating to Training and Education of Employees and the proposed new sections within it is in compliance with the State Employee Training Act, Government Code §§656.041-656.049. This act authorizes state agencies to adopt rules governing the training and education of state administrators and employees that materially aids state administration.

Larry Soward, Chief Clerk, has determined that for the first five-year period the new sections are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the new sections. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no significant impact on local economies or overall employment as a result of enforcing or administering the new sections.

Larry Soward has also determined that for each year of the first fives years the sections are in effect the public benefit anticipated as a result of enforcing or administering the new sections will be to ensure the efficient use of state resources for solely legitimate business purposes. There will be no effect on small business.

Written comments on the proposed new chapter and sections may be submitted to Melinda Tracy, Texas Register Liaison, General Land Office of Texas P.O. Box 12873, Austin, Texas 78711-2873. All comments must be received within 30 days of publication.

Subchapter A. PROPERTY ACCOUNTABILITY

31 TAC §3.1

The new section is proposed under Natural Resources Code §31.051 which provides the Commissioner of the General Land Office with the authority to establish rules for the conduct of the work of the General Land Office. The proposed new Subchapter A, relating to Property Accountability with the proposed new section is proposed under Government Code, §2171.1045, which requires the GLO to adopt rules relating to the assignment and use of GLO's vehicles.

No statutes, articles, or codes are affected by the proposed new chapter, subchapters or sections.

§3.1.Restrictions on Assignment of Vehicles.

(a)

Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

GLO--The General Land Office of Texas.

(2)

Commissioner--The Commissioner of the General Land Office of Texas or the Commissioner's designee not below the level of division director.

(b)

Motor pool. Each GLO vehicle, with the exception of a vehicle assigned to a field employee, will be assigned to the GLO's motor pool and be available for checkout.

(c)

Regular vehicle assignment. The GLO may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the Commissioner makes a documented finding that the assignment is critical to the needs and mission of the department.

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 March 28, 2001.

TRD-200101813

Larry Soward

Chief Clerk

General Land Office

Earliest possible date of adoption: May 13, 2001

For further information, please call: (512) 305-9129


Subchapter B. TRAINING AND EDUCATION OF EMPLOYEES

31 TAC §§3.21 - 3.24

The new sections are proposed under Natural Resources Code §31.051 which provides the Commissioner of the General Land Office with the authority to establish rules for the conduct of the work of the General Land Office. The proposed new Subchapter B, relating to Training and Education of Employees and the proposed new sections is proposed under Government Code, §§656.041-656.049 which requires the GLO to adopt rules relating to the training and education of its employees.

No statutes, articles, or codes are affected by the proposed new chapter, subchapters or sections.

§3.21.Training and Education.

The General Land Office shall make available to its employees funds for training and education in accordance with the Employee Training Act, Government Code §§656.041-656.049.

§3.22.Employee Obligation.

An employee who completes training and education to obtain a degree or certification for which the General land Office has provided all or part of the required fees must agree in writing to fully repay the General Land Office any amounts paid for educational assistance if the employee voluntarily terminates employment with the agency within one year after the course or courses are completed.

§3.23.Training and Education Materials.

All materials received by employees as part of agency-funded training and education remain the property of the General Land Office.

§3.24.No Effect on At-Will Employment Status.

Approval to participate in a training and education program, including an agency-sponsored training, seminar or conference shall not in any way effect an employee's at-will status. The approval of a training and education program is not a guarantee or indication that approval will be granted for subsequent training and education programs. Approval to participate in a training and education program shall in no way constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication 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 March 28, 2001.

TRD-200101814

Larry Soward

Chief Clerk

General Land Office

Earliest possible date of adoption: May 13, 2001

For further information, please call: (512) 305-9129