Part 1.
TEXAS DEPARTMENT OF INSURANCE
Chapter 1.
GENERAL ADMINISTRATION
Subchapter AA. EMPLOYEE TRAINING
28 TAC §1.2702, §1.2703
The Texas Department of Insurance proposes amendments to §1.2702
and §1.2703 relating to training for employees of the department. The
proposed amendments are necessary to update Subchapter AA to reflect the department’s
policies and procedures regarding training offered to department employees.
Subchapter AA was adopted to codify department policies and procedures regarding
employee training. Section 656.048 of the Government Code requires state agencies
to adopt rules relating to the eligibility of employees for training and education
supported by the agency and the obligations assumed by the employees on receiving
the training and education.
The proposed amendments are also necessary to address certain recently
enacted statutory provisions regarding employee training. State agencies are
required by Senate Bill 1, Article IX, §9.14 of the 77th Legislature
to use Internet-based training for state-mandated human resources training
and other training programs if Internet-based training is available and appropriate.
Therefore, the proposed amendments to §1.2702 address the department’s
use of Internet-based training when it is available and appropriate for its
employees. The proposed amendments to §1.2702 clarify which training
courses are eligible for tuition reimbursement or education leave. The proposed
amendments to §1.2702 also address the possible tax implications to employees
of education assistance paid by the department. In addition, the proposed
amendments to §1.2702 set forth the general obligations of employees
upon completion of training, under which the employee may be required to conduct
training on the information or skills learned as a result of attending the
training program. Several non-substantive clarifying amendments are also being
proposed to §1.2702. The proposed amendments to §1.2703 clarify
that all employees serve the department as at-will employees regardless of
any participation in the employee training program.
Albert Betts, chief of staff, has determined that for each year of the
first five years the sections are in effect, there will be no fiscal impact
on state or local government as a result of enforcing or administering the
sections. Mr. Betts also has determined that there will be no effect on local
employment or the local economy.
Mr. Betts has determined that for each year of the first five years the
sections are in effect the public benefit derived from enforcement and administration
of the sections will be a department workforce which is effectively prepared
for technological and legal developments; the provision of necessary services;
and an increase in the proficiency of the department to deliver the level
of regulatory services expected of it under Texas law. Mr. Betts also has
determined that no compliance cost results from the proposal of these sections,
including no adverse impact on small businesses or on micro-businesses because
the proposed rules apply only to the department.
To be considered, comments on the proposal must be submitted in writing
no later than 5:00 p.m. on March 14, 2003 to Gene C. Jarmon, General Counsel
and Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An
additional copy of the comment should be simultaneously submitted to Cynthia
Villarreal-Reyna, Section Chief, Agency Counsel Section, Legal and Compliance,
P.O. Box 149104, MC 110-1A, Austin, Texas 78714-9104. A request for public
hearing on the proposed sections should be submitted separately to the Office
of the Chief Clerk.
The amendments are proposed under the Insurance Code §36.001
and the Government Code §656.048. The Insurance Code §36.001 authorizes
the commissioner to adopt rules for the conduct and execution of the duties
and functions of the department as authorized by statute. The Government Code §656.048
provides for the adoption of rules by state agencies relating to training
and education of agency employees.
The proposed amendments affect operational procedures pursuant to the following
statutes: Government Code §§656.041 through 656.105 and §660.147.
Labor Code §21.010
§1.2702.Employee Training Program.
(a)
Components of program. The employee training program for
the department consists of agency-sponsored training, seminars and conferences,
Internet-based training,
and tuition reimbursement, as set out and described
in subsections (b)-
(e)
[
(b)
Agency-sponsored training. A program of in-house training
for agency employees is provided.
This in-house training program includes
new employee orientation.
(1)
(No change.)
(2)
Quarterly Training Calendar and Catalog. A quarterly training
calendar lists course offerings. A training catalog contains course descriptions
of all available courses. [
(3)- (5)
(No change.)
(c)
(No change.)
(d)
Tuition reimbursement. The department may reimburse full-time
regular employees for tuition and required fees or may grant education leave
in lieu of tuition reimbursement if the criteria set out in paragraphs (1)-
(5) of this subsection are met.
(1)
Eligibility. Eligibility requirements for tuition reimbursement
must be satisfied as set out in subparagraphs (A)-
(J)
[
(A)- (D)
(No change.)
(E)
The course work must be related to a current or prospective
duty assignment within the agency. A prospective duty assignment may include
a position within the agency to which the employee aspires. The associate
commissioner -- or highest level manager who reports directly to the commissioner,
if not an associate commissioner -- in the employee's chain of command will
determine whether a course relates to a current or prospective duty assignment
in the employee's division. The Human Resources Division will [
(F)- (H)
(No change.)
(I)
Incomplete courses are not eligible for tuition reimbursement
or education leave.
(J)
The employee must receive a passing grade
and/or receive college credit hours
in the course. A passing grade is
a grade which will entitle the employee to receive credit for the course from
the educational institution offering the course.
(2)
Reimbursable costs. Criteria addressing the extent to which
cost of tuition may be reimbursed are set out in subparagraphs (A)-
(F)
[
(A)
(No change.)
(B)
Employees may be reimbursed
only
for the cost
of tuition and related fees at an educational institution.
(C)- (E)
(No change.)
(F)
Employees will not be reimbursed
for any federal income taxes incurred because of education assistance paid
by the department.
(3)
Education leave in lieu of tuition reimbursement. Criteria
for taking education leave in lieu of tuition reimbursement are set out in
subparagraphs (A) - (F) of this paragraph.
(A)
(No change.)
(B)
Before requesting education leave, employees
must
[
(C)- (F)
(No change.)
(4)
Procedure. Specific procedural steps required to complete
the tuition reimbursement process are set out in subparagraphs (A) - (G) of
this paragraph.
(A)- (B)
(No change.)
(C)
To receive reimbursement for tuition, within two weeks
after receipt of the final grade in a course for which reimbursement has been
approved, the employee must submit a purchase request, a copy of the final
grade report, and an itemized tuition receipt to the associate commissioner
-- or highest level manager who reports directly to the commissioner, if not
an associate commissioner -- in the employee’s chain of command.
Upon approval of the purchase request, the employee must send a copy of the
approved purchase request to the Human Resources Division.
The department
will not reimburse tuition if an employee separates from employment with the
department before submitting the final grade report for any courses for which
tuition reimbursement was granted.
(D)- (G)
(No change.)
(5)
Use of equipment. Employees may not use department equipment,
such as computers, calculators, or typewriters to complete course work
for which tuition reimbursement or education leave has been granted
.
(e)
Internet-based Training. The
department shall use Internet-based training for state-mandated human resources
training and other training programs if Internet-based training is available
and appropriate. The department may establish procedures for employees to
use Internet-based training.
(f)
Employee obligations upon completion
of training. Upon completion of a training program, an employee’s manager
may require that the employee assume certain additional obligations, including,
but not limited to, the obligations set out in paragraphs (1)- (4) of this
subsection.
(1)
An employee may be required to discuss information
obtained at the training with other department employees.
(2)
An employee may be required to share materials
obtained from training with other department employees, to the extent such
sharing does not violate copyright law.
(3)
An employee may be required to assume additional
job duties for which the training prepared the employee.
(4)
An employee may be required to conduct training
for other department employees concerning the information or skills taught
at the training program.
§1.2703.No Effect on At-will Status.
Approval to participate in a training program, including agency sponsored
training, seminars or conferences,
Internet-based training
or the
tuition reimbursement program shall not in any way affect an employee’s
at-will status.
(1)
(No change.)
(2)
Employment status unaffected. Approval to participate in
a training program, including agency sponsored training, seminars or conferences
, Internet-based training
or the tuition reimbursement 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.
(3)
Effect of agreement under Texas
Government Code §656.103. An agreement in accordance with Texas Government
Code §656.103 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 January 28, 2003.
TRD-200300696
Gene C. Jarmon
Acting General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 463-6327
Subchapter D. FIRE AND ALLIED LINES INSURANCE
(d)
] of this section.
An employee wishing to register for in-house
training courses should contact the training liaison for the employee's division.
] The employee's supervisor must approve all requests for in-house training.
(I)
] of this paragraph.
work with
an employee’s division to
] determine whether a course relates
to a current or prospective duty assignment within the agency.
(E)
] of this paragraph.
should
] fully consider and explore education options that
would not involve education leave. For example, employees
must register
[
should consider registering
] for classes scheduled before
or after work, or during the lunch hour when courses are available at those
times. Employees may also request a flex-time or compressed work week schedule
that would allow for class attendance without the use of education leave.
Such a work schedule must not disrupt or adversely affect performance by the
employee or the employee's division, section, program or activity.
Chapter 5.
PROPERTY AND CASUALTY INSURANCE