For those employed by Texas State, remote work policies differ: even among Texas State employees. Depending on your particular circumstances, different remote work restrictions may apply to you.

You can read more about the federal and state labor laws that apply to remote workers in Texas here.

How Remote Work Has Transformed Texas Employment Law

The impact of COVID-19 lockdowns on the availability of the work-from-home option for state employees cannot be overstated. In March 2020, Texas Governor Abbot issued an executive order directing employees who could feasibly work from home to do so, mirroring federal actions for Texans. When President Trump ordered federal employees back to work in January 2025, Texas Governor Abbot again followed suit at the state level by ordering Texas State employees to return to the office.

The economic and pragmatic realities of a return-to-office (RTO) order triggered bipartisan opposition. A pair of bills followed, establishing the legal groundwork for Texas State Employee telework rights and restrictions.

Remote Work Policies for Texas State Employees

In addition to federal and state employment laws, two pieces of Texas State legislation affect remote workers specifically. Both policies apply only to Texas State Employees: HB 5196 and, for those in higher education, SB 2615.

HB 5196 – Telework for Texas State Employees

HB 5196 (effective September 1, 2025) incorporated remote work into the legal framework for Texas State employees by updating previous labor provisions, formally defining “telework,” and establishing employer agency responsibilities and guidelines. Texas State employees are not guaranteed a remote work option, but for those who do work from home (whether on a full-time or hybrid basis), this expanded labor law offers more comprehensive protections and transparency.

Telework Option for Texas State Employees

While HB 5196 establishes a groundwork for agencies to permit remote work, it by no means guarantees a work-from-home option to any and all state employees. Work-from-home agreements are chiefly permitted for two reasons.

1. Lack of Office Space

Part of the initial resistance to Governor Abbot’s return-to-office order in January 2025 stemmed from the fact that agencies did not have enough office space for all employees to return to. Requiring all employees to return to office space that did not exist would have been a costly and time-intensive endeavor.

2. Reasonable Flexibility

While HB 5196 doesn’t go into detail as to what constitutes “reasonable flexibility,” the general idea is that a remote-work agreement should benefit the agency’s ability to execute its duties. Meaning, enabling an employee to work from home should actually help the agency in some way. Agencies are required to specify this reason for granting a telework arrangement in the written agreement (be it lack of office resources or otherwise).

For example, if permitting remote work spares an agency resource- and time-intensive projects like office development, and those employees can fully and efficiently perform all duties of their job remotely, the agency may grant a telework option.

Limitations of Telework Agreements for Texas State Employees

Even if a Texas State employee has been granted permission to work from home, there are still a number of qualifications to bear in mind.

Your telework agreement is subject to annual reevaluation.

You may be granted permission to work remotely now, but that does not guarantee you will receive permission in the future. Your agency is obligated to reassess your telework agreement at least once per year. If your agency initially allowed you to work from home due to a lack of office space, but more office space becomes available, you may lose your ability to work remotely.

Texas State employee telework arrangements are at-will.

Your agency can withdraw your permission to work remotely at any time: for any reason, and without any notice. Meaning, if you pursued a telework arrangement because you live several hours away from your employer’s offices, you could find yourself in the unfortunate position of having to either move closer to your work, or find alternative work arrangements.

Your work-from-home arrangement may not be comprehensive.

Even if your telework arrangement enables you to work remotely full time, your agency may still require you to appear in person for certain meetings or events as required. If your telework agreement otherwise grants you permission to work remotely during a particular time, your agency can still require your in-person attendance. For example, if you made an agreement to work remotely from June to September, you may still be expected to attend a special event in July.

SB 2615 – Telework for Higher Education Workers in Texas

University teaching faculty at Texas State institutions face more remote-working restrictions than other state employes. For example, full-time teaching faculty members must be physically present on campus 40 hours per week. Exceptions are limited, but telework may be available for full-time teaching faculty in the case of:

• A serious but temporary medical condition;
• Those who are only teaching remote instruction or distance education courses;
• A temporary research assignment or sabbatical.

Non-teaching faculty and non-faculty teaching staff face fewer telework restrictions, but they must still be able to demonstrate their ability to perform the full scope of their job responsibly and with minimal supervision, and only insofar as their duties permit remote work.

Working From Home as a Reasonable Accommodation for a Disability in Texas

Recent legislation has established qualifications and restrictions for Texas State employees seeking the option to work from home, but they do not cancel out the Americans with Disabilities Act (ADA) by any means. The restrictions laid out in HB 5196 and SB 2615 do not necessarily apply in the case of Texas State employees for whom telework is a reasonable accommodation for their disability.

For employees with a disability, remote work can sometimes serve as a reasonable accommodation. Unlike other telework arrangements for Texas state employees, reasonable accommodations cannot be revoked by an employing agency at any time for any reason. In fact, doing so may well be an unlawful violation of your rights under the ADA.

You can read more about the federal and state labor laws that apply to remote workers in Texas here.

Texas State employment is subject to laws and regulations that differ significantly from those in the private sector. Consulting with an employment lawyer can make all the difference. Tully Rinckey’s team of dedicated employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Paul Friener is the Managing Partner of Tully Rinckey PLLC’s Austin, TX, office, where he focuses his practice on labor and employment law. Prior to joining Tully Rinckey, Paul was a supervising attorney at Legal Aid of NorthWest Texas, where he supervised the Legal Aid for Survivors of Sexual Assault (LASSA) division and was a team leader for the Immigration Practice team. His employment law experience includes representing employees who have been subjected to discrimination, harassment, or retaliation in connection to their legally protected class and legally protected activity, including whistleblower retaliation actions.  As an employee advocate, Paul represents federal and Texas employees regarding their legal issues in the workplace.

This article is for informational purposes only. Its content is not intended to constitute endorsement or legal advice, nor does it establish a client-lawyer relationship with Tully Rinckey PLLC or any of its affiliates.