Career advancement assignments. This
section defines the process for the career advancement assignments of managers.
It is the goal of the process to provide a fair, unbiased, and impartial
process for selection, transfer, and promotion.
(1) Availability. All career advancement
opportunities depend on the availability of BET facilities. No facility with a
projected annual income equal to the annual median income level of all managers
after set-aside fees shall be used for an initial assignment unless it has been
advertised and made available to all licensees in the BET program and no one
has been assigned to the facility as a result of the advertising
(2) Notice. As BET
facilities become available and ready for permanent assignment, written notice
of the availability shall be given to all licensees within 30 business
(3) On-site visits. An
advertised facility shall be available for on-site visits upon reasonable
notice by licensees interested in that facility assignment.
Eligibility. To apply for an
available facility, a licensee must meet the following requirements:
(1) The licensee shall have successfully
managed a BET facility for a minimum of one year.
(2) The licensee shall be current on all
accounts payable for the 12 months before the date of the facility
announcement. Accounts payable include known debts to state and federal
entities as well as any BET business-related debt. "Current" means "performing
in accordance with written established or alternate payment plans associated
with the accounts payable debts."
(3) The licensee shall be in compliance with
state and federal tax laws and not be subject to any tax liens.
The licensee shall not be on probation
of this title (relating to Administrative Action Based on Unsatisfactory
shall meet eligibility requirements of the facility's host organization,
including, but not limited to:
background checks; and
(6) The licensee
shall not have submitted more than one insufficient funds check to the Agency
within the 12 months before the date of the facility announcement.
(7) The licensee shall not have submitted
more than one late report within the 12 months before the date of the facility
(8) If unassigned,
the licensee shall have fulfilled all resignation requirements in the
licensee's most recent facility assignment or be displaced and eligible to
apply for a facility.
manager shall have an inventory of merchandise and expendables in the manager's
current facility that the Agency has determined sufficient for its satisfactory
(10) The licensee shall
satisfy the Agency that he or she can maintain the merchandise and expendables
required for the available facility.
(11) A licensee who has been placed on
probation is not eligible for promotion and transfer for 30 days from the
effective date of the most recent release from probation.
(12) A licensee who has been placed on
probation twice within a 12-month period is not eligible for promotion or
transfer for six months from the effective date of the most recent release from
(13) A licensee who has
been placed on probation three times within a two-year period is not eligible
for promotion or transfer for one year from the effective date of the most
recent release from probation.
40 Tex. Admin.
Register, Volume 44, Number 26, June 28, 2019, TexReg
9/1/2019; Amended by
Register, Volume 47, Number 26, July 1, 2022, TexReg