EMERGENCY 
 RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part XV. Texas Low-Level Radioactive Waste Disposal Authority 
  Chapter 449. General Provisions 
  
  Subchapter H. Training and Education for Employees 
 
  31 TAC sec.sec.449.91-449.93 
 
  The Texas Low-Level Radioactive Waste Disposal Authority adopts on an 
emergency basis new Subchapter H, Training and Education for Employees, to 31 
TAC 449 concerning training and education for employees of the authority. The 
emergency adoption of the new subchapter is necessary because recent legislation 
requires the adoption of rules relating to education and training. Failure to 
timely adopt rules will result in the suspension of the use of public funds for 
ongoing employee training and education programs which are critical to the 
agency. 
 The new subchapter is submitted under the Health and Safety Code, sec.402. 054 
which provides the Texas Low-Level Radioactive Waste Disposal Authority with the 
authority to adopt rules, standards, and orders necessary to properly carry out 
the Texas Low-Level Radioactive Waste Disposal Authority Act, and the Government 
Code sec.sec.656.041-656.049, which requires agencies to adopt employee training 
and education rules. 
 
 
  sec.449.91. Training and Education. The Authority shall make available to its 
employees funds for training and education in accordance with the Employees 
Training Act, Government Code sec.sec.656.041-656.049. 
 
   
  sec.449.92. Eligibility. 
 
  (a) Subject to approval of the general manager of the Authority, any full or 
part-time employee may participate in and receive financial assistance from the 
Authority for in-agency or outside agency training which is job-related or 
necessary for position advancement, and may include the following: 
 
  (1) workshops; 
   
  (2) seminars; 
   
  (3) conferences; 
   
  (4) institutions; 
   
  (5) training sessions; or 
   
  (6) meetings. 
     
  (b) Subject to approval of the general manager, any full or part-time employee 
may enroll in and receive financial assistance from the Authority for 
educational programs sponsored by vocational or technical institutions and 
colleges or universities. To be eligible, an employee must: 
 
  (1) have completed at least six months of continuous employment from date of 
hiring with the Authority; or 
   
  (2) be a former employee who has been rehired and has not been separated from 
the Authority for more than six months, and has completed at least six months of 
continuous employment from the date of rehiring with the Authority; 
   
  (3) meet or exceed performance standards on the most current written employee 
evaluation, if any; and 
   
  (4)not be on leave without pay status or disciplinary status. 
     
  (c) Notwithstanding subsection (b)(3) of this section, the general manager may 
authorize training or education that is required for the employee to meet or 
exceed performance standards in the employee's written evaluation. 
   
  (d) The general manager may participate in educational programs with the 
concurrence of the board. 
   
  (e) Board members may participate in educational programs upon review and 
approval of the program by the Governor's Office. 
 
     
  sec.449.93. Employee Obligation. <ol> An employee who completes training or 
education for which the Authority has provided all or part of the required fees 
may be required to 
 
  (1) remain employed with the Authority for a specific period of time, if the 
employee acquired a degree or certification; 
   
  (2) consult, instruct or assist in disseminating such information, methods, 
and processes acquired from training and education as may be related to the job 
assignments of other employees. 
 
  Issued in Austin, Texas, on May 6, 1996. 
 TRD-9606268 
  Lee H. Mathews 
 Deputy General Manager and General Counsel 
 Texas Low Level Radioactive Waste Disposal Authority 
    Effective date: May 9, 1996 
 Expiration date: September 7, 1996 
 For further information, please call (512) 451-5292