HB 5196 updates and expands the legal framework for telework among state employees in Texas. The bill introduces a formal definition of “telework” within Section 658.001 of the Government Code, characterizing it as a work arrangement that allows an employee to perform all or part of their duties outside their regular or temporary workplace during established work hours. It amends existing law to reflect modern workplace practices and authorizes agency leadership to implement telework agreements based on operational needs or flexibility goals.
The legislation grants agency heads the discretion to approve telework arrangements for reasons such as limited office space or to help the agency meet its mission more effectively. These agreements must be in writing, specify why telework is authorized, include revocation terms, and be renewed annually. Importantly, the bill affirms that telework cannot be mandated as a condition of employment and may be revoked without notice. It also allows agencies to require employees to report in person for specific meetings or events, even when under a telework agreement.
HB 5196 also mandates that agencies permitting telework adopt a comprehensive telework policy. This policy must establish criteria for evaluating employee suitability, performance standards, productivity monitoring systems, and security protocols for remote work environments. Teleworking employees are subject to the same rules and disciplinary procedures as their in-office counterparts, and the bill explicitly prohibits state employees from conducting in-person state business at their homes. Lastly, each agency must publicly publish its telework plan online, ensuring transparency and accountability.
The Committee Substitute version of HB 5196 differs notably from the originally filed version in both scope and structure, introducing more detailed policy requirements and agency obligations related to telework.
In the originally filed bill, the legislation was relatively concise. It defined “telework,” outlined the circumstances under which telework could be awarded (such as limited office space or enhancing agency function), and mandated that agreements be in writing, renewed annually, and revocable at the discretion of the agency without notice. The bill also explicitly prohibited agencies from offering telework as a condition of employment.
The Committee Substitute expands upon these foundational ideas. It retains the core principles from the original bill but adds a new section—Sec. 658.012—which requires agencies that authorize telework to develop and publish a detailed “agency telework plan.” This plan must include evaluation criteria for employee eligibility, performance standards, productivity monitoring systems, and physical and information security controls. Additionally, it reinforces the standard that teleworkers are subject to the same rules and disciplinary actions as other employees and prohibits conducting in-person state business at a personal residence.
Overall, the substitute version represents a more comprehensive and prescriptive framework, transitioning from simply enabling telework to requiring formalized oversight and transparency mechanisms. This shift reflects a policy evolution from permissive guidance to structured administration and accountability.
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Rep. Giovanni Capriglione
