89R15912 CXP-D
By: Creighton S.B. No. 2704
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain state employees conduct
agency business only at the employee's regular place of employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 658.010, Government Code, is amended to
read as follows:
Sec. 658.010. PLACE WHERE WORK PERFORMED. (a) This section
does not apply to the Supreme Court of Texas, the Texas Court of
Criminal Appeals, a court of appeals, or another agency in the
judicial branch.
(b) Except as provided by Subsection (d), an [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) received prior written authorization from the
administrative head of the employing state agency to perform work
elsewhere].
(c) A state agency may not implement, maintain, or authorize
a permanent policy that allows an agency employee to conduct agency
business at a place other than the employee's regular place of
employment except as provided by this section or specifically
authorized by other law.
(d) A state agency may authorize an agency employee to
conduct agency business at a place other than the employee's
regular place of employment only if:
(1) the administrative head of the agency approves the
authorization in writing; and
(2) at least one of the following applies:
(A) the governor has declared a state of disaster
under Chapter 418;
(B) the employee is on approved medical leave or
has a documented disability that requires a reasonable
accommodation to comply with the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12101 et seq.);
(C) the employee's primary job responsibilities
require frequent travel to or work at locations other than the
employee's regular place of employment;
(D) the employee performs work or provides
services that require the employee to work at a location other than
the employee's regular place of employment in order to:
(i) respond to a cybersecurity threat; or
(ii) conduct essential maintenance of
information technology equipment; or
(E) the authorization is approved by the office
of the governor.
(e) A state agency shall report any authorization provided
under Subsection (d) to the state auditor's office as soon as
practicable after the authorization is provided.
(f) [(b)] 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].
(g) Not later than October 1 of each year, each state agency
shall submit a written report to the state auditor's office that
includes documentation of:
(1) agency employee attendance and adherence to the
requirements of this section;
(2) each authorization provided under Subsection (d);
and
(3) any corrective measures taken by the agency to
address noncompliance with the requirements of this section.
SECTION 2. Each state agency to which Section 658.010,
Government Code, as amended by this Act, applies shall submit the
initial report required by that section not later than October 1,
2026.
SECTION 3. This Act takes effect October 1, 2025.