Relating to restricting telework for employees of public institutions of higher education, the official text

S.B. No. 2615

AN ACT

relating to restricting telework for employees of public

institutions of higher education.

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

SECTION 1. Subchapter Z, Chapter 51, Education Code, is

amended by adding Section 51.992 to read as follows:

Sec. 51.992. RESTRICTIONS ON TELEWORK FOR HIGHER EDUCATION

EMPLOYEES. (a) In this section:

(1) "Faculty member" has the meaning assigned by

Section 51.101.

(2) "Institution of higher education" has the meaning

assigned by Section 61.003.

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

employee of an institution of higher education to conduct on a

regular basis all or some institutional 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.

(b) Notwithstanding Section 658.010, Government Code, an

institution of higher education may not allow telework for an

employee except as provided by this section.

(c) An institution of higher education may allow telework

for an employee on a temporary or permanent basis if the employee:

(1) has a temporary illness;

(2) has a temporary or permanent medical condition or

disability requiring the institution to make a reasonable

accommodation under state or federal law for the telework;

(3) is employed in a nonteaching position and:

(A) has demonstrated the ability to work well

with minimal supervision;

(B) has a deep understanding of the employee's

duties and responsibilities;

(C) has demonstrated the ability to manage the

employee's time;

(D) has a record of thoroughly and efficiently

accomplishing the employee's duties; and

(E) is employed in a position that does not

require the employee's day-to-day physical presence at the

institution or in-person interaction with students,

administration, or other employees;

(4) is employed in a teaching position but is not a

faculty member of the institution;

(5) is employed in a teaching position and is

currently assigned to teach only a course or program that the

institution has:

(A) approved for remote instruction in

accordance with the institution's academic oversight or faculty

governance procedures; and

(B) designated as:

(i) distance education; or

(ii) a dual credit course or program

provided by the institution;

(6) is employed as a faculty member and is on a

temporary research assignment located off the institution's

campus; or

(7) is employed as a faculty member who provides

telehealth services as part of the employee's assigned clinical,

research, or instructional duties.

(d) This section does not prohibit an employee of an

institution of higher education from providing instruction for a

dual credit course or program:

(1) at the campus of a school district or

open-enrollment charter school; or

(2) if required for the course or program, by

telework.

(e) An employee of an institution of higher education is

exempt from the prohibition on telework under this section during

the period of a catastrophe that, as determined by the

institution's chief administrative officer or the officer's

designee:

(1) is an event that directly interferes with the

employee's ability to work in person, such as:

(A) a fire, flood, earthquake, hurricane,

tornado, or wind, rain, or snow storm;

(B) a power failure, technical breakdown, cyber

attack, transportation failure, or interruption of communication

facilities;

(C) an epidemic; or

(D) a riot, civil disturbance, or enemy attack or

another actual or threatened act of lawlessness or violence; and

(2) either:

(A) poses or may pose a danger to the employee's

physical health or safety; or

(B) prevents or may prevent the employee from

performing the employee's assigned duties at the institution.

(f) After the period of a catastrophe described by

Subsection (e), an institution of higher education shall make all

reasonable efforts to ensure that an employee of the institution

engages in telework only as provided by this section.

SECTION 2. Section 51.992, Education Code, as added by this

Act, applies beginning with the 2025-2026 academic year.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 2615 passed the Senate on

May 8, 2025, by the following vote: Yeas 21, Nays 10; and that the

Senate concurred in House amendments on May 30, 2025, by the

following vote: Yeas 21, Nays 10.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2615 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 90,

Nays 51, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor