CHAPTER 656. JOB NOTICES AND TRAINING - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 656. JOB NOTICES AND TRAINING

SUBCHAPTER A. EMPLOYMENT OPENINGS

Sec. 656.001. STATE AGENCY EMPLOYMENT OPENING. Any agency,

board, bureau, commission, committee, council, court, department,

institution, or office in the executive or judicial branch of

state government that has an employment opening for which persons

from outside the agency will be considered shall list the opening

with the Texas Workforce Commission.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.05, eff.

Sept. 1, 2003.

SUBCHAPTER B. JOB NOTICES

Sec. 656.021. DEFINITIONS. In this subchapter:

(1) "Commission" means the Texas Workforce Commission.

(2) "State agency" means:

(A) a department, commission, board, office, or other agency

that:

(i) is in the executive branch of state government;

(ii) has authority that is not limited to a geographical portion

of this state; and

(iii) was created by the constitution or a statute of this

state; or

(B) a university system or an institution of higher education as

defined by Section 61.003, Education Code, other than a public

junior college.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.06, eff.

Sept. 1, 2003.

Sec. 656.022. SUBMISSION OF JOB INFORMATION FORMS. As soon as

possible after a job vacancy occurs or is filled in Travis County

in a state agency, the agency shall complete and deliver to the

commission the appropriate information form prescribed by the

commission and pertaining to the job vacancy or placement.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 760, Sec. 1, eff.

Sept. 1, 2001.

Sec. 656.023. JOB INFORMATION FORMS. The commission shall

prescribe the forms for information from state agencies necessary

for the commission to serve as a central processing agency for

state agency job opportunities in Travis County.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.024. PUBLIC NOTICE OF JOB VACANCIES. The commission

shall publicly list, in accordance with the commission's

procedures, for at least 10 working days, each notice of a job

vacancy delivered under Section 656.022 unless the commission is

sooner notified by the state agency having the vacancy that the

vacancy has been filled.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.025. OTHER EFFORTS TO INFORM SOURCES OF VACANCIES. A

state agency is encouraged to continue other efforts used to

inform outside applicant recruitment sources of job vacancies.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is not

required to comply with the requirements of this subchapter or

Subchapter A when the agency transfers or reassigns an employee

as part of a reorganization or merger mandated by the legislature

if the executive head of the agency certifies that the transfer

or reassignment is necessary for the proper implementation of the

reorganization or merger.

Added by Acts 1999, 76th Leg., ch. 279, Sec. 5, eff. Sept. 1,

1999.

Sec. 656.027. PREFERENCE FOR VETERANS ON STATE EMPLOYMENT FORMS.

The commission shall include on all forms relating to state

agency employment that are prescribed by the commission under

this subchapter or other law a statement regarding the

requirement prescribed by Chapter 657 that each state agency give

a veterans employment preference until the agency workforce is

composed of at least 40 percent veterans.

Added by Acts 2003, 78th Leg., ch. 69, Sec. 2, eff. May 16, 2003.

SUBCHAPTER C. TRAINING

Sec. 656.041. SHORT TITLE. This subchapter may be cited as the

State Employees Training Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.042. FINDINGS AND PURPOSE. Programs for the training

and education of state administrators and employees materially

aid effective state administration, and public money spent on

those programs serves an important public purpose.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.043. DEFINITION. In this subchapter, "state agency"

means a department, agency, or institution of this state,

including an institution of higher education as defined by

Section 61.003, Education Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.044. PUBLIC FUNDS FOR TRAINING AND EDUCATION. A state

agency may use public funds to provide training and education for

its administrators and employees. The training or education must

be related to the duties or prospective duties of the

administrator or employee.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.045. REQUIRED ATTENDANCE AT PROGRAM. A state agency

may require an administrator or employee of the agency to attend,

as all or part of the administrator's or employee's duties, a

training or education program if the training or education is

related to the administrator's or employee's duties or

prospective duties.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.046. PURPOSES OF PROGRAM. A state agency's training

and educational program may include:

(1) preparing for technological and legal developments;

(2) increasing work capabilities;

(3) increasing the number of qualified employees in areas

designated by institutions of higher education as having an acute

faculty shortage; and

(4) increasing the competence of state employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.047. PAYMENT OF PROGRAM EXPENSES. A state agency may

spend public funds as appropriate 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 or

education program.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 656.048. RULES RELATING TO TRAINING AND EDUCATION. (a) A

state agency shall adopt rules relating to:

(1) the eligibility of the agency's administrators and employees

for training and education supported by the agency; and

(2) the obligations assumed by the administrators and employees

on receiving the training and education.

(b) Repealed by Acts 2003, 78th Leg., ch. 200, Sec. 16(g).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 16(g), eff.

Sept. 1, 2003.

Sec. 656.049. AUTHORITY TO CONTRACT. A state agency may

contract with another state, local, or federal department,

agency, or institution, including a state-supported college or

university, to train or educate its administrators and employees

or may join in presenting a training or educational program.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER D. RESTRICTIONS ON CERTAIN TRAINING

Sec. 656.101. DEFINITIONS. In this subchapter:

(1) "State agency" and "state employee" have the meanings

assigned by Section 572.002 except that the terms do not include

a river authority or an employee of a river authority.

(2) "Training" means 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 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 Section 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 agency and offered to all

employees of the agency performing similar jobs.

Added by Acts 1999, 76th Leg., ch. 1178, Sec. 1, eff. Sept. 1,

1999.

Sec. 656.102. AGENCY POLICY. Before a state agency spends any

money on training for a state employee, the state agency must

adopt a policy governing the training of employees, in addition

to the rules required by Section 656.048, that requires training

to relate to an employee's duties following the training.

Added by Acts 1999, 76th Leg., ch. 1178, Sec. 1, eff. Sept. 1,

1999.

Sec. 656.103. RESTRICTIONS. (a) If a state employee receives

training that is paid for by a state agency, and during the

training period the employee does not perform the employee's

regular duties for three or more months as a result of the

training, a policy adopted under Section 656.102 must include a

requirement that the employee:

(1) work for the agency following the training for at least one

month for each month of the training period; or

(2) pay the agency for all the costs associated with the

training that were paid during the training period, including any

amounts of the employee's salary that were paid and that were not

accounted for as paid vacation or compensatory leave.

(b) Before a state employee receives training that will be paid

for by a state agency and during which the employee will not be

performing the employee's regular duties for three months or

more, the agency shall require the employee to agree in writing,

before the training begins, to comply with the requirements

prescribed under Subsection (a).

(c) By an order adopted in a public meeting, the governing body

of a state agency may waive the requirements prescribed under

Subsection (a) and release a state employee from the obligation

to meet those requirements if the governing body finds that such

action is in the best interest of the agency or is warranted

because of an extreme personal hardship suffered by the employee.

Added by Acts 1999, 76th Leg., ch. 1178, Sec. 1, eff. Sept. 1,

1999.

Sec. 656.104. LIABILITY. If a state employee does not provide

the services required in accordance with Section 656.103(a)(1),

provides those services for less than the required term, or fails

to make payments required in accordance with Section

656.103(a)(2) and the employee is not released from the

obligation to provide the services or to make the payments under

Section 656.103(c), the employee is liable to the state agency

for any costs described by Section 656.103(a)(2) and for the

agency's reasonable expenses incurred in obtaining payment,

including reasonable attorney's fees.

Added by Acts 1999, 76th Leg., ch. 1178, Sec. 1, eff. Sept. 1,

1999.