Commission Agenda Item No. 4
Exhibit A

EMPLOYEE TRAINING RULES
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to §51.500, concerning Employee Training. Under the provisions of Government Code, §656.047, 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. Government Code, §656.048, requires a state agency to adopt rules to require the executive head of the agency to authorize the tuition reimbursement payment before an employee of the agency may be reimbursed.  The proposed amendment would require approval by the department’s executive director before payment of reimbursement to an employee or administrator for tuition under the provisions of Government Code, §656.047.

2. Fiscal Note.

        Scott Stover, Director of the Support Resources Division, has determined that there will be no fiscal implications to state or local government as a result of administering the amendment.

3. Public Benefit/Cost Note.

        Mr. Stover also has determined that each of the first five years the amendment as proposed is in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the amendment as proposed will be rules that comply with the direction of the Texas Legislature.

        There will not be any adverse economic effect on persons required to comply with the amendment as proposed.

        (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule or amendment that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule or amendment’s potential adverse economic impact on small businesses. These guidelines state that “generally, there is no need to examine the indirect effects of a proposed rule or amendment on entities outside of an agency’s regulatory jurisdiction.” The guidelines state that an agency need only consider a proposed rule or amendment’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a “direct economic impact.” Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.

        The department has determined that the amendment as proposed will not affect small businesses, micro-businesses, or rural communities. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

        (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the amendment as proposed will not impact local economies.

        (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed amendment.

        (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed amendment.

        (F) The department has determined that because the amendment as proposed does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.

        (G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The amendment as proposed, if adopted, will:

                 (1) not eliminate a government program;

                 (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                 (3) not result in a need for additional General Revenue funding;

                 (4) create a new regulation (to provide for the approval of tuition reimbursement by the executive director);

                 (5) neither increase nor decrease the number of individuals subject to regulation through time;

                 (6) not expand, limit, or repeal an existing regulation; and

                 (7) not significantly affect the state’s economy positively or adversely.

4. Request for Public Comment.