89R31963 JTZ-D     By: Creighton S.B. No. 2615     (Tepper)     Substitute the following for S.B. No. 2615:  No.       A BILL TO BE ENTITLED   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 at the campus of a school district or   open-enrollment charter school.          (e)  The Texas Higher Education Coordinating Board may adopt   rules as necessary to implement 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.