1 | 1 | | 87R1179 CJC-D |
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2 | 2 | | By: Powell S.B. No. 240 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to authority for certain state employees to work flexible |
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8 | 8 | | hours and to work from home or other authorized alternative work |
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9 | 9 | | sites. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 658.006, Government Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | Sec. 658.006. VARIED [STAGGERED] WORKING HOURS. (a) |
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14 | 14 | | Normal working hours for employees of a state agency may be |
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15 | 15 | | staggered for traffic regulation or public safety. |
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16 | 16 | | (b) An employee who works from an alternative work site as |
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17 | 17 | | part of a policy approved under Section 658.010 may, with the |
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18 | 18 | | approval of the employee's supervisor, complete all or part of the |
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19 | 19 | | employee's work hours, not including compensatory time and |
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20 | 20 | | overtime, at times other than the regular working hours established |
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21 | 21 | | under Section 658.005. |
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22 | 22 | | SECTION 2. Section 658.010, Government Code, is amended by |
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23 | 23 | | amending Subsection (b) and adding Subsections (c), (d), and (e) to |
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24 | 24 | | read as follows: |
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25 | 25 | | (b) Except as provided by Subsection (c), the [The] |
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26 | 26 | | employee's personal residence may not be considered the employee's |
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27 | 27 | | regular or assigned temporary place of employment without prior |
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28 | 28 | | written authorization from the administrative head of the employing |
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29 | 29 | | state agency. |
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30 | 30 | | (c) The administrative head of a state agency may adopt an |
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31 | 31 | | agency policy that authorizes the supervisor of an employee of the |
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32 | 32 | | agency to permit the employee to work from an alternative work site, |
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33 | 33 | | including the employee's personal residence, as the employee's |
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34 | 34 | | regular or assigned temporary place of employment. |
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35 | 35 | | (d) A policy adopted under Subsection (c) must: |
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36 | 36 | | (1) identify factors the state agency will consider in |
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37 | 37 | | evaluating whether a position is suitable for an alternative work |
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38 | 38 | | site, including whether: |
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39 | 39 | | (A) the position requires on-site resources; |
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40 | 40 | | (B) the provision of in-person service is |
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41 | 41 | | essential to the position; and |
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42 | 42 | | (C) in-person interaction is essential to the |
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43 | 43 | | position; |
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44 | 44 | | (2) require an employee who will work from an |
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45 | 45 | | alternative work site to enter into an agreement with the state |
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46 | 46 | | agency that establishes the employee's responsibilities and the |
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47 | 47 | | requirements for communicating with and reporting to the agency; |
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48 | 48 | | and |
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49 | 49 | | (3) provide for the revocation of an employee's |
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50 | 50 | | permission to work from an alternative work site if: |
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51 | 51 | | (A) the position is no longer suitable for an |
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52 | 52 | | alternative work site based on the factors identified under |
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53 | 53 | | Subdivision (1); or |
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54 | 54 | | (B) the employee violates the agreement entered |
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55 | 55 | | into under Subdivision (2). |
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56 | 56 | | (e) Not later than November 1 of each even-numbered year, |
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57 | 57 | | the Department of Information Resources shall compile and submit a |
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58 | 58 | | report to the legislature providing information about policies |
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59 | 59 | | adopted under Subsection (c). The Texas A&M Transportation |
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60 | 60 | | Institute may assist in creating the report. The report must |
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61 | 61 | | include: |
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62 | 62 | | (1) a list of state agencies that have adopted a |
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63 | 63 | | policy; |
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64 | 64 | | (2) a description of the requirements of each agency's |
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65 | 65 | | policy; |
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66 | 66 | | (3) an estimate of the number of employees who work |
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67 | 67 | | from an alternative work site as permitted under a policy; |
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68 | 68 | | (4) an assessment of the productivity, efficiency, and |
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69 | 69 | | value to taxpayers of employees working from an alternative work |
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70 | 70 | | site as permitted under a policy; |
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71 | 71 | | (5) an assessment regarding the collective effect of |
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72 | 72 | | agency policies on traffic congestion; and |
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73 | 73 | | (6) any other information the Department of |
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74 | 74 | | Information Resources determines to be relevant and beneficial. |
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75 | 75 | | SECTION 3. This Act takes effect September 1, 2021. |
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