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A BILL TO BE ENTITLED
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AN ACT
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relating to restricting telework for employees of public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.992 to read as follows: |
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Sec. 51.992. RESTRICTIONS ON TELEWORK FOR HIGHER EDUCATION |
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EMPLOYEES. (a) In this section: |
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(1) "Faculty member" has the meaning assigned by |
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Section 51.101. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(3) "Telework" means a work arrangement that allows an |
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employee of an institution of higher education to conduct on a |
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regular basis all or some institutional business at a place other |
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than the employee's regular or assigned temporary place of |
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employment during all or a portion of the employee's established |
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work hours. |
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(b) Notwithstanding Section 658.010, Government Code, an |
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institution of higher education may not allow telework for an |
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employee except as provided by this section. |
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(c) An institution of higher education may allow telework |
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for an employee on a temporary or permanent basis if the employee: |
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(1) has a temporary illness; |
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(2) has a temporary or permanent medical condition or |
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disability requiring the institution to make a reasonable |
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accommodation under state or federal law for the telework; |
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(3) is employed in a nonteaching position and: |
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(A) has demonstrated the ability to work well |
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with minimal supervision; |
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(B) has a deep understanding of the employee's |
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duties and responsibilities; |
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(C) has demonstrated the ability to manage the |
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employee's time; |
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(D) has a record of thoroughly and efficiently |
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accomplishing the employee's duties; and |
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(E) is employed in a position that does not |
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require the employee's day-to-day physical presence at the |
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institution or in-person interaction with students, |
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administration, or other employees; |
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(4) is employed in a teaching position but is not a |
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faculty member of the institution; |
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(5) is employed in a teaching position and is |
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currently assigned to teach only a course or program that the |
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institution has: |
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(A) approved for remote instruction in |
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accordance with the institution's academic oversight or faculty |
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governance procedures; and |
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(B) designated as: |
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(i) distance education; or |
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(ii) a dual credit course or program |
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provided by the institution; |
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(6) is employed as a faculty member and is on a |
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temporary research assignment located off the institution's |
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campus; or |
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(7) is employed as a faculty member who provides |
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telehealth services as part of the employee's assigned clinical, |
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research, or instructional duties. |
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(d) This section does not prohibit an employee of an |
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institution of higher education from providing instruction for a |
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dual credit course or program at the campus of a school district or |
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open-enrollment charter school. |
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(e) The Texas Higher Education Coordinating Board may adopt |
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rules as necessary to implement this section. |
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SECTION 2. Section 51.992, Education Code, as added by this |
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Act, applies beginning with the 2025-2026 academic year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |