Leave During Agency or Higher Education Institution Investigation

Texas Government Code, Section 661.923(c), as added by Senate Bill 73 (85th Legislature, Regular Session) requires state agencies and higher education institutions to report leave granted to employees during an investigation by the agency or higher education institution.

Specifically, no later than the last day of each fiscal year quarter (November, February, May, August), state agencies and higher education institutions that grant 168 hours or more of leave during that quarter to an employee who is the subject of an investigation being conducted by the agency or higher education institution are required to report to the Legislative Budget Board and the State Auditor’s Office (1) the name of the employee and (2) a brief statement regarding the reason the employee remains on leave. In addition, we will also ask that you report additional information, such as the number of hours of leave granted.

Although Texas Government Code, Section 661.923, also allows agencies and higher education institutions to grant that leave to an employee who is a victim of, or witness to, an act or event that is the subject to an investigation conducted by the agency or higher education institution, those employees should not be reported.

In compliance with statute, the State Auditor’s Office and the Legislative Budget Board developed a leave reporting form for reporting under this requirement. Instructions for reporting can be found within the form. All reports submitted to the State Auditor’s Office and Legislative Budget Board should be sent electronically to: