40 TAC §254.24, §254.35
The Texas Department on Aging proposes new §254.24 and §254.35
concerning Agency Training Plan and Historically Underutilized Business Program.
Section 254.24 is proposed in order to conform to Texas Government Code,
Chapter 656, Subchapter C, which directs state agencies to provide training
and educational opportunities to its employees.
Section 254.35 is proposed in order to conform to Texas Government Code, §2161.003,
which directs state agencies to adopt the rules of the General Services Commission
(GSC) regarding historically underutilized businesses (HUBs) as the agency's
own rules. Those rules apply to the Board's purchase of goods and services
paid for with appropriated money. The GSC rules the Board will adopt by reference
provide for a policy and a purpose for the rules, definitions applicable to
the HUB rules, annual procurement HUB utilization goals, subcontracting requirements,
agency planning responsibilities, state agency reporting requirements, A HUB
certification process, protests from denial of HUB applications, a HUB recertification
process, revocation provisions, certification and compliance reviews, compilation
of a HUB directory, HUB graduation procedures, review and revision of GSC's
HUB program, a memorandum of understanding between GSC and the Texas Department
of Economic Development concerning technical assistance and budgeting for
the HUB program, HUB coordinator responsibilities, HUB forum programs for
state agencies, and a mentor-protégé program.
Barbara Zimmerman, Chief Fiscal Officer 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 government as a result of enforcing or administering the
new sections.
Ms. Zimmerman 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 to implement training and educational opportunities
to its employees and to conform to the Texas Government Code regarding the
General Services Commission's rules pertaining to historically underutilized
businesses. There will be no effect on small businesses. There will be no
effect to individuals required to comply with the sections as proposed.
Comments on the new rules may be submitted to Joy Modawell, Chief Program
Officer, Texas Department on Aging, P. O. Box 12786, Austin, Texas 78711.
All comments must be written and delivered via mail, in person, or facsimile.
E-mail and verbal comments cannot be accepted. All comments must be received
within 30 calendar days following the date of publication of the proposed
new rules in the
Texas Register
.
The new rules are proposed under Texas Government Code, §2161.003,
which provides the Texas Department on Aging with the authority to promulgate
rules governing the operation of the Department.
Texas Government Code, §2161.003 is affected and implemented by this
proposed action.
§254.24.Agency Training Plan.
(a)
Purpose. In accordance with the State Employees Training
Act, Government Code, Chapter 656, Subchapter C, it is the policy of the Texas
Department on Aging (TDoA) to provide training and educational opportunities
to its employees. This program is designed to help employees gain knowledge
about general subjects required by the agency and to allow employees to participate
in job related professional development opportunities that will increase an
employee's job potential. This subchapter prescribes the policies governing
employee eligibility for participation in TDoA's Staff Training and Development
program and the obligations of the employees upon receiving education.
(b)
Definitions. The following words and terms, when used in
this section shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Academic Training--Any subject offered through an accredited
college or university.
(2)
Department--The Texas Department on Aging.
(3)
Employee--An individual employed with TDoA in either a
full-time or part-time position, not including contract employees.
(4)
Hardship--A serious or catastrophic illness, family emergency,
or extenuating circumstance beyond the control of the student that precludes
the student from being reasonably expected to comply with the terms of an
education assistance agreement.
(5)
Institution of higher education--A public or private technical
institute, junior college, senior college, university, medical or dental unit,
or other institution offering an associate's, baccalaureate, master's, or
doctoral degree program.
(6)
Part-time employee--An individual employed with TDoA and
working less than 40 hours per week.
(7)
Professional development--Educational, academic or technical
training used to improve an employee's professional or technical knowledge
and skills or to maintain license requirements.
(8)
Reimburse--To repay monies spent for the cost of public
college or university's tuition fees and books.
(9)
TDoA--The Texas Department on Aging.
(10)
Training--Planned, structured activities designed to improve
employee job performance and job related skills by achieving specific, measurable,
and predetermined learning objectives.
(c)
Employee Training.
(1)
Purpose. TDoA provides employees with a program which allows
employees to gain knowledge about general subjects and encourages employees
to participate in job related professional development opportunities that
will help each employee to achieve his or her highest potential for the job
they hold. This section establishes eligibility criteria for employee participation
in TDoA training opportunities.
(2)
Eligibility. TDoA may provide training for an employee
if such training is:
(A)
designed to increase the employee's competency through
an objective, systematic program of teaching and/or self-study and is utilized
to improve an employee's professional or technical knowledge and skills, or
to maintain license requirements;
(B)
directly related to the employee's current job duties,
or for the purpose of upward mobility into a position currently available
within the employee's career path; or
(C)
designed to increase an employee's awareness of State or
Federal laws regarding equal opportunity, non-discrimination, Drug-Free workplace,
AIDS/HIV, workplace safety and other relevant topics.
(d)
Employee Training Obligations.
(1)
Obligation. Employee training under this section is conditional
upon:
(A)
the employee attending and satisfactorily completing the
training, including passing tests or other types of performance measures where
required; and
(B)
as required by the TDoA, the employee completing and filing
with TDoA, on forms prescribed by TDoA, an employee training agreement that
sets forth the terms and conditions of the training assistance.
(2)
Waiver. For training covered by Texas Government Code,
Chapter 656, Subchapter D, the Texas Board on Aging has the discretion to
waive an employee's obligation to abide by the terms of the agreement if the
Board finds that a waiver is in the best interest of TDoA or is warranted
because of an extreme personal hardship suffered by the employee.
(e)
Academic Training Program.
(1)
Purpose. The Texas Department on Aging (TDoA) encourages
employees to participate in job related professional development opportunities
that will help each employee to achieve his or her highest potential for the
job they hold or allow upward mobility into a position within their career
path. This section establishes eligibility criteria for participation in the
program.
(2)
Eligibility. To qualify for the academic training program,
the employee:
(A)
must currently meet or exceed performance standards in
job performance;
(B)
must not be on probation of any kind;
(C)
must seek enrollment in a field of study where:
(i)
course content is related to the employee's present job
duties, or the course is taken for the purpose of upward mobility into a position
available within the agency; and
(ii)
the course will equip the employee with skills and knowledge
needed to work efficiently and improve the employee's job effectiveness;
(D)
must complete and file with TDoA, on forms prescribed by
TDoA, a training agreement that sets forth the terms and conditions of the
training assistance including:
(i)
the course must be taken after working hours or, if the
course is taken during working hours, accrued leave is taken to attend class;
(ii)
the employee must have continued employment for the entirety
of the course; and
(iii)
the employee must have completed the course with a grade
of "C" or above.
(3)
Type of Institution. An employee who participates in the
Academic Training Program must attend a public institution in the State of
Texas, unless:
(A)
no accredited public institution offers program courses
that can reasonably be attended by an employee;
(B)
a public institution does not offer the approved courses
or degree program;
(C)
the admission requirements of the public institution are
so restrictive as to preclude the employee's qualifications for the program;
(D)
the completion of the course at a private institution costs
less than a public institution; or
(E)
the employee attends the private institution under an agreement
that TDoA will pay only the equivalent of what the education would have cost
at a public institution.
(4)
Eligible Expenses. Financial assistance may be awarded
for tuition fees and books.
(f)
Academic Training Program Obligations.
(1)
Obligation. Academic training under this section is conditional
upon:
(A)
the employee having continued employment in good standing
for the entirety of the course;
(B)
the employee completed the course with a grade of "C" or
above; and
(C)
as required by the Texas Department on Aging (TDoA), the
employee completing and filing with TDoA, on forms prescribed by TDoA, an
employee training agreement that sets forth the terms and conditions of the
training assistance.
(2)
Waiver. For training covered by Texas Government Code,
Chapter 656, Subchapter D, the Texas Board on Aging has the discretion to
waive an employee's obligation to abide by the terms of the agreement if the
Board finds that a waiver is in the best interest of TDoA or is warranted
because of an extreme personal hardship suffered by the employee.
§254.35.Historically Underutilized Business Program.
Historically Underutilized Business Program. The Texas Board on Aging
adopts by reference the rules promulgated by the General Services Commission
(GSC) that are set forth at 1 TAC, Part 5, Chapter 111, Subchapter B, regarding
the Historically Underutilized Business Program. A copy of the GSC rules may
be obtained by writing to: Mary Sapp, Executive Director, Texas Department
on Aging, P.O. Box 12786, Austin, Texas 78711-2786 or by accessing the website
of the Secretary of State, at www.sos.state.tx.us/tac/.
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 February 16, 2001.
TRD-200100987
Joy Modawell
Chief Program Officer
Texas Department on Aging
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 424-6857