HB5196 - Relating to telework for state employees.

      H.B. No. 5196         AN ACT   relating to telework for state employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 658.001, Government Code, is amended by   adding Subdivision (3) to read as follows:                 (3)     "Telework" means a work arrangement that allows an   employee of a state agency to conduct on a regular basis all or some   agency 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.          SECTION 2.  Section 658.010(a), Government Code, is amended   to read as follows:          (a)  An employee of a state agency shall, during normal   office hours, conduct agency business only at the employee's   regular or assigned temporary place of employment unless the   employee:                (1)  is travelling; or                (2)   has received authorization to telework under   Section 658.011 [ received prior written authorization from the   administrative head of the employing state agency to perform work   elsewhere ].          SECTION 3.  Chapter 658, Government Code, is amended by   adding Sections 658.011 and 658.012 to read as follows:           Sec.   658.011.     AUTHORIZATION OF TELEWORK. (a) The   administrative head of a state agency may enter into an agreement   with an employee authorizing telework in order to:                 (1)     address a lack of available office space for the   agency; or                 (2)     provide reasonable flexibility that enhances the   agency's ability to achieve its mission.           (b)  An agreement described by Subsection (a):                 (1)  must:                       (A)  be in writing;                       (B)     include the reasons telework is being   authorized;                       (C)     state the terms under which the agreement may   be revoked; and                       (D)     be renewed at least once each year after the   employee begins telework; and                 (2)     may be revoked by the state agency at any time and   without notice.           (c)     A state agency may not offer telework as a condition of   employment by the agency.           (d)     An agreement described by Subsection (a) does not   prohibit the employing state agency from requiring an employee to   report to the employee's regular or assigned temporary place of   employment or another work location on a day on which the agreement   otherwise authorizes telework for a meeting, special event, or   other engagement for which the agency determines in-person   interaction is necessary.           Sec.   658.012.     AGENCY TELEWORK PLAN. (a) A state agency   that authorizes telework under Section 658.011 shall develop a plan   that addresses the agency's telework policies and procedures. An   agency telework plan must:                 (1)  establish:                       (A)     criteria for evaluating the ability of an   employee to satisfactorily perform the employee's job duties while   teleworking;                       (B)     performance standards that ensure a   teleworking employee maintains satisfactory performance;                       (C)     a system for monitoring the productivity of a   teleworking employee that ensures that the employee's work remains   satisfactory and that the employee's duties remain suitable for   telework; and                       (D)     appropriate physical and information   security controls at teleworking sites;                 (2)     ensure that a teleworking employee is subject to   the same rules and disciplinary actions as any other agency   employee; and                 (3)     prohibit a teleworking employee from conducting   in-person business at the employee's personal residence.           (b)     A state agency that develops an agency telework plan   under this section shall publish the agency's telework plan on the   agency's publicly accessible Internet website.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 5196 was passed by the House on May 8,   2025, by the following vote:  Yeas 138, Nays 6, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 5196 was passed by the Senate on May   28, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor