1 | 1 | | 89R15912 CXP-D |
---|
2 | 2 | | By: Creighton S.B. No. 2704 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the requirement that certain state employees conduct |
---|
10 | 10 | | agency business only at the employee's regular place of employment. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 658.010, Government Code, is amended to |
---|
13 | 13 | | read as follows: |
---|
14 | 14 | | Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) This section |
---|
15 | 15 | | does not apply to the Supreme Court of Texas, the Texas Court of |
---|
16 | 16 | | Criminal Appeals, a court of appeals, or another agency in the |
---|
17 | 17 | | judicial branch. |
---|
18 | 18 | | (b) Except as provided by Subsection (d), an [An] employee |
---|
19 | 19 | | of a state agency shall[, during normal office hours,] conduct |
---|
20 | 20 | | agency business only at the employee's regular [or assigned |
---|
21 | 21 | | temporary] place of employment [unless the employee: |
---|
22 | 22 | | [(1) is travelling; or |
---|
23 | 23 | | [(2) received prior written authorization from the |
---|
24 | 24 | | administrative head of the employing state agency to perform work |
---|
25 | 25 | | elsewhere]. |
---|
26 | 26 | | (c) A state agency may not implement, maintain, or authorize |
---|
27 | 27 | | a permanent policy that allows an agency employee to conduct agency |
---|
28 | 28 | | business at a place other than the employee's regular place of |
---|
29 | 29 | | employment except as provided by this section or specifically |
---|
30 | 30 | | authorized by other law. |
---|
31 | 31 | | (d) A state agency may authorize an agency employee to |
---|
32 | 32 | | conduct agency business at a place other than the employee's |
---|
33 | 33 | | regular place of employment only if: |
---|
34 | 34 | | (1) the administrative head of the agency approves the |
---|
35 | 35 | | authorization in writing; and |
---|
36 | 36 | | (2) at least one of the following applies: |
---|
37 | 37 | | (A) the governor has declared a state of disaster |
---|
38 | 38 | | under Chapter 418; |
---|
39 | 39 | | (B) the employee is on approved medical leave or |
---|
40 | 40 | | has a documented disability that requires a reasonable |
---|
41 | 41 | | accommodation to comply with the Americans with Disabilities Act of |
---|
42 | 42 | | 1990 (42 U.S.C. Section 12101 et seq.); |
---|
43 | 43 | | (C) the employee's primary job responsibilities |
---|
44 | 44 | | require frequent travel to or work at locations other than the |
---|
45 | 45 | | employee's regular place of employment; |
---|
46 | 46 | | (D) the employee performs work or provides |
---|
47 | 47 | | services that require the employee to work at a location other than |
---|
48 | 48 | | the employee's regular place of employment in order to: |
---|
49 | 49 | | (i) respond to a cybersecurity threat; or |
---|
50 | 50 | | (ii) conduct essential maintenance of |
---|
51 | 51 | | information technology equipment; or |
---|
52 | 52 | | (E) the authorization is approved by the office |
---|
53 | 53 | | of the governor. |
---|
54 | 54 | | (e) A state agency shall report any authorization provided |
---|
55 | 55 | | under Subsection (d) to the state auditor's office as soon as |
---|
56 | 56 | | practicable after the authorization is provided. |
---|
57 | 57 | | (f) [(b)] The employee's personal residence may not be |
---|
58 | 58 | | considered the employee's regular [or assigned temporary] place of |
---|
59 | 59 | | employment [without prior written authorization from the |
---|
60 | 60 | | administrative head of the employing state agency]. |
---|
61 | 61 | | (g) Not later than October 1 of each year, each state agency |
---|
62 | 62 | | shall submit a written report to the state auditor's office that |
---|
63 | 63 | | includes documentation of: |
---|
64 | 64 | | (1) agency employee attendance and adherence to the |
---|
65 | 65 | | requirements of this section; |
---|
66 | 66 | | (2) each authorization provided under Subsection (d); |
---|
67 | 67 | | and |
---|
68 | 68 | | (3) any corrective measures taken by the agency to |
---|
69 | 69 | | address noncompliance with the requirements of this section. |
---|
70 | 70 | | SECTION 2. Each state agency to which Section 658.010, |
---|
71 | 71 | | Government Code, as amended by this Act, applies shall submit the |
---|
72 | 72 | | initial report required by that section not later than October 1, |
---|
73 | 73 | | 2026. |
---|
74 | 74 | | SECTION 3. This Act takes effect October 1, 2025. |
---|