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A BILL TO BE ENTITLED
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AN ACT
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relating to telework for state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 658.001, Government Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Telework" means a work arrangement that allows an |
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employee of a state agency to conduct on a regular basis all or some |
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agency business at a place other than the employee's regular or |
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assigned temporary place of employment during all or a portion of |
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the employee's established work hours. |
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SECTION 2. Section 658.010(a), Government Code, is amended |
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to read as follows: |
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(a) An employee of a state agency shall, during normal |
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office hours, conduct agency business only at the employee's |
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regular or assigned temporary place of employment unless the |
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employee: |
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(1) is travelling; or |
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(2) has received authorization to telework under |
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Section 658.011 [received prior written authorization from the |
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administrative head of the employing state agency to perform work |
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elsewhere]. |
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SECTION 3. Chapter 658, Government Code, is amended by |
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adding Sections 658.011 and 658.012 to read as follows: |
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Sec. 658.011. AUTHORIZATION OF TELEWORK. (a) The |
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administrative head of a state agency may enter into an agreement |
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with an employee authorizing telework in order to: |
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(1) address a lack of available office space for the |
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agency; or |
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(2) provide reasonable flexibility that enhances the |
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agency's ability to achieve its mission. |
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(b) An agreement described by Subsection (a): |
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(1) must: |
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(A) be in writing; |
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(B) include the reasons telework is being |
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authorized; |
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(C) state the terms under which the agreement may |
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be revoked; and |
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(D) be renewed at least once each year after the |
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employee begins telework; and |
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(2) may be revoked by the state agency at any time and |
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without notice. |
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(c) A state agency may not offer telework as a condition of |
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employment by the agency. |
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(d) An agreement described by Subsection (a) does not |
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prohibit the employing state agency from requiring an employee to |
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report to the employee's regular or assigned temporary place of |
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employment or another work location on a day on which the agreement |
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otherwise authorizes telework for a meeting, special event, or |
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other engagement for which the agency determines in-person |
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interaction is necessary. |
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Sec. 658.012. AGENCY TELEWORK PLAN. (a) A state agency |
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that authorizes telework under Section 658.011 shall develop a plan |
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that addresses the agency's telework policies and procedures. An |
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agency telework plan must: |
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(1) establish: |
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(A) criteria for evaluating the ability of an |
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employee to satisfactorily perform the employee's job duties while |
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teleworking; |
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(B) performance standards that ensure a |
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teleworking employee maintains satisfactory performance; |
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(C) a system for monitoring the productivity of a |
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teleworking employee that ensures that the employee's work remains |
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satisfactory and that the employee's duties remain suitable for |
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telework; and |
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(D) appropriate physical and information |
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security controls at teleworking sites; |
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(2) ensure that a teleworking employee is subject to |
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the same rules and disciplinary actions as any other agency |
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employee; and |
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(3) prohibit a teleworking employee from conducting |
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in-person business at the employee's personal residence. |
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(b) A state agency that develops an agency telework plan |
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under this section shall publish the agency's telework plan on the |
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agency's publicly accessible Internet website. |
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SECTION 4. This Act takes effect September 1, 2025. |