SB2704 - Relating to the requirement that certain state employees conduct agency business only at the employee's regular place of employment.

  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.