Relating to telework for state employees, the official text

H.B. No. 5196

AN ACT

relating to telework for state employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 658.001, Government Code, is amended by

adding Subdivision (3) to read as follows:

(3) "Telework" means a work arrangement that allows an

employee of a state agency to conduct on a regular basis all or some

agency business at a place other than the employee's regular or

assigned temporary place of employment during all or a portion of

the employee's established work hours.

SECTION 2. Section 658.010(a), Government Code, is amended

to read as follows:

(a) 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) has received authorization to telework under

Section 658.011 [received prior written authorization from the

administrative head of the employing state agency to perform work

elsewhere].

SECTION 3. Chapter 658, Government Code, is amended by

adding Sections 658.011 and 658.012 to read as follows:

Sec. 658.011. AUTHORIZATION OF TELEWORK. (a) The

administrative head of a state agency may enter into an agreement

with an employee authorizing telework in order to:

(1) address a lack of available office space for the

agency; or

(2) provide reasonable flexibility that enhances the

agency's ability to achieve its mission.

(b) An agreement described by Subsection (a):

(1) must:

(A) be in writing;

(B) include the reasons telework is being

authorized;

(C) state the terms under which the agreement may

be revoked; and

(D) be renewed at least once each year after the

employee begins telework; and

(2) may be revoked by the state agency at any time and

without notice.

(c) A state agency may not offer telework as a condition of

employment by the agency.

(d) An agreement described by Subsection (a) does not

prohibit the employing state agency from requiring an employee to

report to the employee's regular or assigned temporary place of

employment or another work location on a day on which the agreement

otherwise authorizes telework for a meeting, special event, or

other engagement for which the agency determines in-person

interaction is necessary.

Sec. 658.012. AGENCY TELEWORK PLAN. (a) A state agency

that authorizes telework under Section 658.011 shall develop a plan

that addresses the agency's telework policies and procedures. An

agency telework plan must:

(1) establish:

(A) criteria for evaluating the ability of an

employee to satisfactorily perform the employee's job duties while

teleworking;

(B) performance standards that ensure a

teleworking employee maintains satisfactory performance;

(C) a system for monitoring the productivity of a

teleworking employee that ensures that the employee's work remains

satisfactory and that the employee's duties remain suitable for

telework; and

(D) appropriate physical and information

security controls at teleworking sites;

(2) ensure that a teleworking employee is subject to

the same rules and disciplinary actions as any other agency

employee; and

(3) prohibit a teleworking employee from conducting

in-person business at the employee's personal residence.

(b) A state agency that develops an agency telework plan

under this section shall publish the agency's telework plan on the

agency's publicly accessible Internet website.

SECTION 4. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 5196 was passed by the House on May 8,

2025, by the following vote: Yeas 138, Nays 6, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5196 was passed by the Senate on May

28, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor