(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.
(b) 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 supervisor;
  (3) identification of the relationship of the training to the employee's position or a prospective role within the Agency;
  (4) any 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.
(c) 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 assistance.
  (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.
(d) 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.

Source Note: The provisions of this §135.1 adopted to be effective July 3, 2018, 43 TexReg 4472