87R1179 CJC-D
By: Powell S.B. No. 240
A BILL TO BE ENTITLED
AN ACT
relating to authority for certain state employees to work flexible
hours and to work from home or other authorized alternative work
sites.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 658.006, Government Code, is amended to
read as follows:
Sec. 658.006. VARIED [STAGGERED] WORKING HOURS. (a)
Normal working hours for employees of a state agency may be
staggered for traffic regulation or public safety.
(b) An employee who works from an alternative work site as
part of a policy approved under Section 658.010 may, with the
approval of the employee's supervisor, complete all or part of the
employee's work hours, not including compensatory time and
overtime, at times other than the regular working hours established
under Section 658.005.
SECTION 2. Section 658.010, Government Code, is amended by
amending Subsection (b) and adding Subsections (c), (d), and (e) to
read as follows:
(b) Except as provided by Subsection (c), the [The]
employee's personal residence may not be considered the employee's
regular or assigned temporary place of employment without prior
written authorization from the administrative head of the employing
state agency.
(c) The administrative head of a state agency may adopt an
agency policy that authorizes the supervisor of an employee of the
agency to permit the employee to work from an alternative work site,
including the employee's personal residence, as the employee's
regular or assigned temporary place of employment.
(d) A policy adopted under Subsection (c) must:
(1) identify factors the state agency will consider in
evaluating whether a position is suitable for an alternative work
site, including whether:
(A) the position requires on-site resources;
(B) the provision of in-person service is
essential to the position; and
(C) in-person interaction is essential to the
position;
(2) require an employee who will work from an
alternative work site to enter into an agreement with the state
agency that establishes the employee's responsibilities and the
requirements for communicating with and reporting to the agency;
and
(3) provide for the revocation of an employee's
permission to work from an alternative work site if:
(A) the position is no longer suitable for an
alternative work site based on the factors identified under
Subdivision (1); or
(B) the employee violates the agreement entered
into under Subdivision (2).
(e) Not later than November 1 of each even-numbered year,
the Department of Information Resources shall compile and submit a
report to the legislature providing information about policies
adopted under Subsection (c). The Texas A&M Transportation
Institute may assist in creating the report. The report must
include:
(1) a list of state agencies that have adopted a
policy;
(2) a description of the requirements of each agency's
policy;
(3) an estimate of the number of employees who work
from an alternative work site as permitted under a policy;
(4) an assessment of the productivity, efficiency, and
value to taxpayers of employees working from an alternative work
site as permitted under a policy;
(5) an assessment regarding the collective effect of
agency policies on traffic congestion; and
(6) any other information the Department of
Information Resources determines to be relevant and beneficial.
SECTION 3. This Act takes effect September 1, 2021.