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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain state employees conduct |
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agency business only at the employee's regular place of employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 658.010, Government Code, is amended to |
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read as follows: |
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Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) This section |
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does not apply to the Supreme Court of Texas, the Texas Court of |
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Criminal Appeals, a court of appeals, or another agency in the |
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judicial branch. |
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(b) Except as provided by Subsection (d), an [An] employee |
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of a state agency shall[, during normal office hours,] conduct |
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agency business only at the employee's regular [or assigned |
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temporary] place of employment [unless the employee: |
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[(1) is travelling; or |
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[(2) 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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(c) A state agency may not implement, maintain, or authorize |
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a permanent policy that allows an agency employee to conduct agency |
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business at a place other than the employee's regular place of |
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employment except as provided by this section or specifically |
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authorized by other law. |
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(d) A state agency may authorize an agency employee to |
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conduct agency business at a place other than the employee's |
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regular place of employment only if: |
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(1) the administrative head of the agency approves the |
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authorization in writing; and |
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(2) at least one of the following applies: |
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(A) the governor has declared a state of disaster |
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under Chapter 418; |
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(B) the employee is on approved medical leave or |
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has a documented disability that requires a reasonable |
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accommodation to comply with the Americans with Disabilities Act of |
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1990 (42 U.S.C. Section 12101 et seq.); |
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(C) the employee's primary job responsibilities |
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require frequent travel to or work at locations other than the |
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employee's regular place of employment; |
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(D) the employee performs work or provides |
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services that require the employee to work at a location other than |
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the employee's regular place of employment in order to: |
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(i) respond to a cybersecurity threat; or |
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(ii) conduct essential maintenance of |
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information technology equipment; or |
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(E) the authorization is approved by the office |
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of the governor. |
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(e) A state agency shall report any authorization provided |
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under Subsection (d) to the state auditor's office as soon as |
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practicable after the authorization is provided. |
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(f) [(b)] The employee's personal residence may not be |
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considered the employee's regular [or assigned temporary] place of |
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employment [without prior written authorization from the |
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administrative head of the employing state agency]. |
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(g) Not later than October 1 of each year, each state agency |
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shall submit a written report to the state auditor's office that |
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includes documentation of: |
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(1) agency employee attendance and adherence to the |
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requirements of this section; |
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(2) each authorization provided under Subsection (d); |
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and |
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(3) any corrective measures taken by the agency to |
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address noncompliance with the requirements of this section. |
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SECTION 2. Each state agency to which Section 658.010, |
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Government Code, as amended by this Act, applies shall submit the |
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initial report required by that section not later than October 1, |
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2026. |
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SECTION 3. This Act takes effect October 1, 2025. |