Texas lawmakers want to curb leave abuse
AUSTIN — Leading Texas lawmakers said this week they intend to limit the use of emergency leave by state government agencies following news reports that it is being used to keep paying some employees after they depart from their jobs.
“We will be tightening it up, and we need to know what the best way to do that is,” said Senate Finance Committee Chair Jane Nelson, R-Flower Mound, citing “concerning reports about the use of emergency leave at some of our agencies.”
The same message came from the House as lawmakers look ahead to the regular legislative session that convenes in January.
“The House is concerned that some state agencies are abusing a personnel provision that should be reserved for very specific circumstances. I will work with colleagues to see how we should limit this practice and ensure that agencies use taxpayer dollars appropriately,” said House Speaker Joe Straus, R-San Antonio.
News reports that emergency leave may be functioning at times as severance pay for departing employees prompted Nelson to raise the topic at a Tuesday Finance Committee hearing, where lawmakers discussed the issue with staff of the comptroller’s office and Legislative Budget Board.
Law is vague
Concern came from Republicans and Democrats alike.
While acknowledging that current law is vague, Sen. Royce West called it a breach of fiduciary duty for an agency head to use the emergency leave provision to provide a severance package.
“That’s not an emergency,” said West, D-Dallas. “It’s a wrong use of taxpayer dollars, in my judgment.”
Under state law, emergency leave is for employees who have a death in the family or who have shown good cause for getting the pay while not working.
Its use currently is overseen by state agency heads who grant the leave. The state auditor also has responsibility for providing a uniform interpretation of leave provisions, said Phillip Ashley, deputy director of the state comptroller’s office.
However, he said, the auditor’s office has not imposed restrictions on emergency leave beyond what is in the law.
Tuesday’s discussion came after the Dallas Morning News reported that two of Attorney General Ken Paxton’s top staff members were paid after departing from their jobs. The Houston Chronicle/ San Antonio Express-News reported that the same occurred with a third Paxton aide.
The payments were offered under emergency leave.
The Morning News further reported that the practice has occurred in a number of state agencies. One agency, the Texas Water Development Board, told the newspaper that the leave was used to pay severance.
Records released to the Houston Chronicle/San Antonio-Express News last week show that providing emergency leave to employees who have resigned is rare.
The records, which cover about 100 of the approximately 120 state agencies over the last three fiscal years, show that 59 state employees at 14 agencies were on emergency leave for more than two weeks in their last month on the payroll. The leave time added up to about 20,000 hours, or roughly nine work years.
‘Not common sense’
Many of those employees had justifiable reasons for being on leave in their last month on the payroll, however. Many of them, for example, were put on leave for disciplinary reasons and then ultimately were fired.
It is much more common for state agencies to use bonuses to provide de facto severance to departing employees. A Houston Chronicle/San Antonio Express-News analysis last year found that Texas state officials had given out $50 million in bonuses to about 24,000 departing employees.
As lawmakers focused on emergency leave Tuesday, Nelson said she understands its value “when the circumstances are appropriate.” The question, she said, is “how do we ensure that it is being used appropriately, and what are some ways that we could provide proper oversight?”
Legislation may be needed, Nelson said. Other options include having the state auditor’s office provide guidance as part of its function of overseeing leave; or requiring that the use of leave be reported to lawmakers or the Legislative Budget Board. Such a reporting requirement could be put into the state budget.
Sen. Paul Bettencourt, R-Houston, said it is clear that action is needed.
“It’s obvious that we are going to have to provide some more top-down guidelines,” Bettencourt said. “These leaves were not common sense.”
Change may not come easy, even with new guidelines, said Sen. Kirk Watson, D-Austin.
“Problem with trying to legislate on this?” he said. “Can’t fix stupid.”