| |
| |
| |
|
|
AN ACT
|
|
|
relating to restricting telework for employees of public |
|
|
institutions of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.992 to read as follows: |
|
|
Sec. 51.992. RESTRICTIONS ON TELEWORK FOR HIGHER EDUCATION |
|
|
EMPLOYEES. (a) In this section: |
|
|
(1) "Faculty member" has the meaning assigned by |
|
|
Section 51.101. |
|
|
(2) "Institution of higher education" has the meaning |
|
|
assigned by Section 61.003. |
|
|
(3) "Telework" means a work arrangement that allows an |
|
|
employee of an institution of higher education to conduct on a |
|
|
regular basis all or some institutional business at a place other |
|
|
than the employee's regular or assigned temporary place of |
|
|
employment during all or a portion of the employee's established |
|
|
work hours. |
|
|
(b) Notwithstanding Section 658.010, Government Code, an |
|
|
institution of higher education may not allow telework for an |
|
|
employee except as provided by this section. |
|
|
(c) An institution of higher education may allow telework |
|
|
for an employee on a temporary or permanent basis if the employee: |
|
|
(1) has a temporary illness; |
|
|
(2) has a temporary or permanent medical condition or |
|
|
disability requiring the institution to make a reasonable |
|
|
accommodation under state or federal law for the telework; |
|
|
(3) is employed in a nonteaching position and: |
|
|
(A) has demonstrated the ability to work well |
|
|
with minimal supervision; |
|
|
(B) has a deep understanding of the employee's |
|
|
duties and responsibilities; |
|
|
(C) has demonstrated the ability to manage the |
|
|
employee's time; |
|
|
(D) has a record of thoroughly and efficiently |
|
|
accomplishing the employee's duties; and |
|
|
(E) is employed in a position that does not |
|
|
require the employee's day-to-day physical presence at the |
|
|
institution or in-person interaction with students, |
|
|
administration, or other employees; |
|
|
(4) is employed in a teaching position but is not a |
|
|
faculty member of the institution; |
|
|
(5) is employed in a teaching position and is |
|
|
currently assigned to teach only a course or program that the |
|
|
institution has: |
|
|
(A) approved for remote instruction in |
|
|
accordance with the institution's academic oversight or faculty |
|
|
governance procedures; and |
|
|
(B) designated as: |
|
|
(i) distance education; or |
|
|
(ii) a dual credit course or program |
|
|
provided by the institution; |
|
|
(6) is employed as a faculty member and is on a |
|
|
temporary research assignment located off the institution's |
|
|
campus; or |
|
|
(7) is employed as a faculty member who provides |
|
|
telehealth services as part of the employee's assigned clinical, |
|
|
research, or instructional duties. |
|
|
(d) This section does not prohibit an employee of an |
|
|
institution of higher education from providing instruction for a |
|
|
dual credit course or program: |
|
|
(1) at the campus of a school district or |
|
|
open-enrollment charter school; or |
|
|
(2) if required for the course or program, by |
|
|
telework. |
|
|
(e) An employee of an institution of higher education is |
|
|
exempt from the prohibition on telework under this section during |
|
|
the period of a catastrophe that, as determined by the |
|
|
institution's chief administrative officer or the officer's |
|
|
designee: |
|
|
(1) is an event that directly interferes with the |
|
|
employee's ability to work in person, such as: |
|
|
(A) a fire, flood, earthquake, hurricane, |
|
|
tornado, or wind, rain, or snow storm; |
|
|
(B) a power failure, technical breakdown, cyber |
|
|
attack, transportation failure, or interruption of communication |
|
|
facilities; |
|
|
(C) an epidemic; or |
|
|
(D) a riot, civil disturbance, or enemy attack or |
|
|
another actual or threatened act of lawlessness or violence; and |
|
|
(2) either: |
|
|
(A) poses or may pose a danger to the employee's |
|
|
physical health or safety; or |
|
|
(B) prevents or may prevent the employee from |
|
|
performing the employee's assigned duties at the institution. |
|
|
(f) After the period of a catastrophe described by |
|
|
Subsection (e), an institution of higher education shall make all |
|
|
reasonable efforts to ensure that an employee of the institution |
|
|
engages in telework only as provided by this section. |
|
|
SECTION 2. Section 51.992, Education Code, as added by this |
|
|
Act, applies beginning with the 2025-2026 academic year. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2615 passed the Senate on |
|
|
May 8, 2025, by the following vote: Yeas 21, Nays 10; and that the |
|
|
Senate concurred in House amendments on May 30, 2025, by the |
|
|
following vote: Yeas 21, Nays 10. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2615 passed the House, with |
|
|
amendments, on May 28, 2025, by the following vote: Yeas 90, |
|
|
Nays 51, one present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |