Current through Reg. 47, No. 14; April 8, 2022
(a) Scope and
Purpose. The Texas Military Department (TMD) provides training opportunities to
enhance job skills and to retain a well-qualified, trained, professional
workforce dedicated to TMD's mission. The Tuition Assistance Program (TAP)
training includes instruction, teaching, or other education received by a state
employee that is not normally received by other state employees and that is
designed to enhance the employee's ability to perform his or her job. This
section establishes general eligibility and related requirements for employee
participation in TMD's TAP.
Eligibility. Eligibility requirements for tuition assistance include, but are
not limited to:
(1) continuous and full-time
employment for one year at the time of application;
(2) a recommendation from the employee's
(3) identification of
the relationship of the training to the employee's position or a prospective
role within the Agency;
other factor deemed relevant by the executive director; and
(5) coursework or training be obtained at an
accredited institution of higher education, as required by statute.
Restitution from Employees for
Training Costs. The employee training is conditional upon all the following:
(1) The employee shall attend and
successfully complete the training or education program, including passing
tests or other types of performance measures where required.
(2) At the authorization of the TMD's
executive director, the employee shall complete and file with the Office of
Executive Director (OED) prior to the commencement of the training, on forms
prescribed by the OED, an employee training agreement that sets forth the terms
and conditions of the training assistance, including a provision for working
for the Agency for a prescribed period of time or paying back the amount of the
(3) An employee
participating in the TAP must agree in writing, prior to beginning the
coursework, to a six-month service commitment to TMD.
(4) Employees who do not comply with the
length of service requirement must reimburse the TMD for both the cost of the
training activities (prorated to credit any full calendar month of employment
following completion of the course) and any reasonable expenses the TMD incurs
in obtaining restitution, including reasonable attorney's fees.
(5) Employees who are unable to comply with
the length of service requirement due to extraordinary circumstances beyond
their control may request the executive director to waive the reimbursement.
(6) Employees approved for the TAP
may flex their work schedule with the approval of their supervisor if there is
no negative impact on customers or work production. Employees cannot use work
hours for attending classes, studying, taking exams, or other activities
associated with the coursework. When such activities fall within an employee's
normal work schedule, the employee must use leave hours to compensate for time
away from the job.
Any information relating to application for and receipt of reimbursement for
training and education for state administrators and employees shall be reported
to the OED on a quarterly basis.
(e) This rule contemplates that the executive
director will adopt a policy that further details the application process,
requirements and limitations on tuition assistance. Tuition assistance is based
on available funds and is not guaranteed for any employee of TMD.