HBA-EDN S.B. 799 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 799
By: Duncan
State Affairs
8/30/2001
Engrossed


BACKGROUND AND PURPOSE 

Currently, there are variations in the way state agencies capture and
report data on the reasons employees terminate employment with the state.
Given these variations, the validity of the data reported to the state
auditor may be in question.  Problems with the data may stem from a lack of
standardization, a failure to collect the appropriate data, or failure to
record it properly.  Also, the reason for termination may be subject to
interpretation by whomever is entering the data into the payroll and
personnel systems at the employing agency.  The state auditor reports that
state  employee turnover costs the state between $127 and $254 million in
1999.  Efforts to reduce state employee turnover are hindered if the causes
of such turnover cannot be determined.  Senate Bill 799 requires each state
agency to conduct an exit interview with an employee who leaves employment
with the agency by having the employee access the questionnaire posted on
the state auditor's Internet site and electronically submit the completed
questionnaire to the state auditor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 799 amends the Government Code to require each state agency to
conduct an exit interview with an employee who leaves employment with the
agency by having the employee access the questionnaire posted on the state
auditor's Internet site and electronically submit the completed
questionnaire to the state auditor.  The bill requires the state agency to
conduct the exit interview in a manner that allows the employee alone to
describe the employee's reason for leaving employment and prohibits a state
agency from altering the description stated by the employee.  S.B. 799
requires the state auditor to develop the exit interview questionnaire in
consultation with the comptroller of public accounts (comptroller) and
representatives designated by the comptroller from small, medium, and large
state agencies.   

Not later than the 15th day following the end of the calendar quarter, the
state auditor is required  to submit a report to each state agency
containing the questionnaire responses, but prohibits such a report from
containing the name or any other identifying information of an employee.
The bill also prohibits the state agency from sharing questionnaire
responses with another state agency.  The bill provides that questionnaire
responses are confidential and are not subject to disclosure under public
information law and authorizes responses to be disclosed only to a law
enforcement agency in a criminal investigation or on order of a court.  The
bill authorizes the state auditor to audit each state agency's records to
determine whether the agency is complying with these requirements.  S.B.
799 requires the state auditor, not later than December 15th of each year
before a regular session of the legislature, to submit a report summarizing
the findings of the exit interviews to the governor, lieutenant governor,
speaker of the house of representatives, and members of the Senate
Committee on Finance and House Committee on Appropriations.   

EFFECTIVE DATE

September 1, 2001.