Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 534GENERAL ADMINISTRATION
RULE §534.3Employee Training and Education
ISSUE 08/25/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Commission may [use state funds to] provide training and education for its employees in accordance with Subchapter C, Chapter 656, Texas Government Code [the State Employees Training Act (Texas Government Code, §§656.041 - 656.049)].

(b)The Commission may spend public funds as appropriate to pay the costs associated with employee training, including, but not limited to, 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 or education program [training or education shall be related to the duties or prospective duties of the employee].

(c)The executive director shall adopt policies related to training for Commission employees, including eligibility and obligations assumed upon completion. [Commission's training and education program benefits both the Commission and the employees participating by:]

   [(1)preparing for technological and legal developments;]

   [(2)increasing work capabilities;]

   [(3)increasing the number of qualified employees in areas for which the Commission has difficulty in recruiting and retaining employees; and]

   [(4)increasing the competence of Commission employees].

(d)Before an employee may receive reimbursement of tuition expenses for successful completion of a training or education program offered by an accredited institution of higher education, the executive director must pre-approve the program and authorize the tuition reimbursement payment [A Commission employee may be required to attend, as part of the employee's duties, a training or education program related to the employee's duties or prospective duties].

[(e)Approval to participate in a training or education program is not automatic and is subject to the availability of funds within the Commission's budget.]

[(f)The employee training and education program for the Commission shall include:]

  [(1)agency-sponsored training provided in-house or by contract;]

  [(2)seminars and conferences;]

  [(3)technical or professional certifications and licenses; and]

  [(4)tuition reimbursement for degree and non-degree program courses.]

[(g)The Administrator or Administrator's designee shall develop policies for administering each of the components of the employee training and education program. These policies shall include:]

  [(1)eligibility requirements for participation;]

  [(2)designation of appropriate level of approval for participation; and]

  [(3)obligations of program participants.]

(e)[(h)] Approval to participate in any portion of the Commission's training and education program does not [shall not in any way] affect an employee's at-will status.

(f)[(i)] Participation in the training and education program does not [shall not in any way] constitute a guarantee or indication of continued employment, nor does [shall] it constitute a guarantee or indication of future employment in a current or prospective position.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2017

TRD-201703081

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 24, 2017

For further information, please call: (512) 936-3092



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