HOURS OF LABOR

Tex. GOV'T Code ch. 658
in effect

Tex. GOV'T Code § 658.001. DEFINITIONS.

In this chapter: (1) "Full-time state employee" means a person employed by a state agency who, if not participating in a voluntary work reduction program under Section 658.003 , is required to work for the agency not less than 40 hours a week. (2) "State agency" means: (A) a board, commission, department, institution, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including an institution of higher education as defined by Section 61.003 , Education Code, other than a public junior college; or (B) the Supreme Court of Texas, the Texas Court of Criminal Appeals, a court of appeals, or other agency in the judicial branch. (3) "Telework" means a work arrangement that allows an employee of a state agency to conduct on a regular basis all or some agency 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. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 279, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 118, Sec. 2.11, eff. Sept. 1, 2001.

Tex. GOV'T Code § 658.002. WORK HOURS REQUIRED FOR SALARIED EMPLOYEES.

(a) A state employee paid a full-time salary shall work not less than 40 hours a week. (b) The chief administrator of a state agency that must maintain certain services 24 hours a day may require essential employees who perform those services to be on duty for a workweek that exceeds 40 hours in necessary or emergency situations. (c) This section does not apply to a houseparent who is employed by and lives at a Texas Juvenile Justice Department facility. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Tex. GOV'T Code § 658.003. VOLUNTARY WORK REDUCTION PROGRAM.

(a) To increase state efficiency while reducing the cost of state government, a state agency may create a work reduction program in which a full-time state employee of the agency agrees to accept reduced wages and benefits for a proportionate reduction in work hours. (b) Employee participation in a work reduction program created under this section is voluntary. (c) An employee who elects to participate in a work reduction program must agree to participate in the program for at least six calendar months. The agreement must be in writing and signed by the employee. (d) A temporary or exempt employee is not eligible to participate in the program. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Tex. GOV'T Code § 658.004. NOTICE OF WORK REDUCTION PROGRAM.

(a) The chief administrator of a state agency that has created a work reduction program under Section 658.003 shall place notice of the program's availability in common areas of the agency. (b) The chief administrator of a state agency may not discuss, initiate discussion of, or orally inform an employee of the work reduction program unless the employee first approaches the chief administrator about the availability of the program. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Tex. GOV'T Code § 658.005. REGULAR OFFICE HOURS FOR STATE EMPLOYEES.

(a) Normal office hours of a state agency are from 8 a.m. to 5 p.m., Monday through Friday. These hours are the regular working hours for a full-time state employee. The offices of a state agency shall remain open during the noon hour each working day with at least one person on duty to accept calls, receive visitors, or transact business. (b) If a chief administrator of a state agency considers it necessary or advisable, offices also may be kept open during other hours and on other days, and the time worked counts toward the 40 hours a week that are required under Section 658.002 . (c) The chief administrator of a state agency may make exceptions to the minimum length of the workweek established by this chapter to take care of any emergency or public necessity that the chief administrator finds to exist. (d) This section does not apply to an employee paid by the hour. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 279, Sec. 6, eff. Sept. 1, 1999.

Tex. GOV'T Code § 658.006. STAGGERED WORKING HOURS.

Normal working hours for employees of a state agency may be staggered for traffic regulation or public safety. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 279, Sec. 7, eff. Sept. 1, 1999.

Tex. GOV'T Code § 658.007. WORKING HOURS FOR EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.

(a) The governing board of an institution of higher education or a university system, as those terms are defined in Section 61.003 , Education Code, may make exceptions to the minimum length of the workweek and the maximum length of a workday established by this chapter to achieve and maintain operational efficiency at the institution of higher education, university system, or an office, department, or division of either. (b) A full-time salaried employee may not be authorized under this section to work less than 40 hours in a calendar week. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Tex. GOV'T Code § 658.008. MEMBERS OF NATIONAL GUARD OR RESERVE.

To facilitate participation in military duties by state employees, each state agency shall adjust the work schedule of any employee who is a member of the Texas National Guard or the United States Armed Forces Reserve so that two of the employee's days off work each month coincide with two days of military duty to be performed by the employee. Added by Acts 1999, 76th Leg., ch. 279, Sec. 8, eff. Sept. 1, 1999.

Tex. GOV'T Code § 658.009. PART-TIME EMPLOYMENT.

A state agency may fill a regular full-time position with one or more part-time employees: (1) without regard to whether the position is subject to or exempt from the state's position classification plan; and (2) subject to Section 659.019 . Added by Acts 1999, 76th Leg., ch. 279, Sec. 8, eff. Sept. 1, 1999.

Tex. GOV'T Code § 658.010. PLACE WHERE WORK PERFORMED.

(a) 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) has received authorization to telework under Section 658.011 . (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. Added by Acts 1999, 76th Leg., ch. 279, Sec. 8, eff. Sept. 1, 1999.

Tex. GOV'T Code § 658.011. AUTHORIZATION OF TELEWORK.

(a) The administrative head of a state agency may enter into an agreement with an employee authorizing telework in order to: (1) address a lack of available office space for the agency; or (2) provide reasonable flexibility that enhances the agency's ability to achieve its mission. (b) An agreement described by Subsection (a): (1) must: (A) be in writing; (B) include the reasons telework is being authorized; (C) state the terms under which the agreement may be revoked; and (D) be renewed at least once each year after the employee begins telework; and (2) may be revoked by the state agency at any time and without notice. (c) A state agency may not offer telework as a condition of employment by the agency. (d) An agreement described by Subsection (a) does not prohibit the employing state agency from requiring an employee to report to the employee's regular or assigned temporary place of employment or another work location on a day on which the agreement otherwise authorizes telework for a meeting, special event, or other engagement for which the agency determines in-person interaction is necessary. Added by Acts 2025, 89th Leg., R.S., Ch. 1118 (H.B. 5196 ), Sec. 3, eff. September 1, 2025.

Tex. GOV'T Code § 658.012. AGENCY TELEWORK PLAN.

(a) A state agency that authorizes telework under Section 658.011 shall develop a plan that addresses the agency's telework policies and procedures. An agency telework plan must: (1) establish: (A) criteria for evaluating the ability of an employee to satisfactorily perform the employee's job duties while teleworking; (B) performance standards that ensure a teleworking employee maintains satisfactory performance; (C) a system for monitoring the productivity of a teleworking employee that ensures that the employee's work remains satisfactory and that the employee's duties remain suitable for telework; and (D) appropriate physical and information security controls at teleworking sites; (2) ensure that a teleworking employee is subject to the same rules and disciplinary actions as any other agency employee; and (3) prohibit a teleworking employee from conducting in-person business at the employee's personal residence. (b) A state agency that develops an agency telework plan under this section shall publish the agency's telework plan on the agency's publicly accessible Internet website. Added by Acts 2025, 89th Leg., R.S., Ch. 1118 (H.B. 5196 ), Sec. 3, eff. September 1, 2025.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026