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89(R) SB 2615 - Enrolled version - Bill 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