| (a) "Training" as used in this rule means instruction,
teaching, or other education received by a Commission employee that
is not normally received by all Commission employees and that is designed
to enhance the ability of the employee to perform the employee's job.
The term includes a course of study at an institution of higher education
or a private or independent institution of higher education as defined
by §61.003, Education Code, if the employing state agency spends
money to assist the state employee to meet the expense of the course
of study or pays salary to the employee to undertake the course of
study as an assigned duty. The term does not include training required
either by state or federal law or that is determined necessary by
the Commission and offered to all Commission employees performing
similar jobs.
(b) The Commission may make public funds available
to its employees for training in accordance with the State Employees
Training Act (Texas Government Code, §§656.041 - 656.104).
The Commission may spend public funds to pay the salary, tuition and
other fees, travel and living expenses, training stipend, expense
of training materials, and other necessary expenses of an instructor,
student, or other participant in a training program.
(c) The training must be related to the duties or prospective
duties of the employee.
(d) Employees may be required to complete a training
program related to the employee's duties or prospective duties.
(e) Requirements for eligibility and participation
in a training program shall be in accordance with this rule and the
Commission's current Human Resources Policy and Procedures Manual.
(f) Approval to participate in a training program,
including Commission-sponsored programs, shall not in any way affect
an employee's at-will status or 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.
(g) Permission to participate in any training program
may be withdrawn if the Commission's Executive Director determines
that participation would negatively impact the employee's job duties
or performance.
(h) For an authorized training program offered by an
institution of higher education or private or independent institution
of higher education:
(1) the Commission may only reimburse the tuition expenses
for a program course(s) successfully completed by the employee at
an accredited institution of higher education (including online courses
or courses not credited towards a degree); and
(2) the Commission's Executive Director must authorize
the tuition reimbursement payment.
(i) An employee who requests a training program to
obtain a degree or certification for which the Commission agrees to
provide or reimburse all or part of the required tuition must agree
in writing, as part of the employee's request, to fully repay the
Commission any amounts paid if the employee voluntarily terminates
employment with the Commission within one year after the training
program is completed (prorated to credit any full calendar month of
employment following completion of the training program) and any reasonable
expenses the Commission incurs in obtaining restitution, including
reasonable attorney's fees. An employee who voluntarily terminates
employment before the end of one year after completing the training
program due to extraordinary circumstances may request that the Executive
Director waive repayment.
(j) All materials received by an employee through Commission-funded
training are the property of the Commission.
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