bill requiring state employees to work only at the office

The text as introduced · 542 words

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.