Relating to restricting telework for employees of public institutions of higher education.
CriticalImmediate action required
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Higher Education Coordinating Board • Public Institutions of Higher Education (Chief Administrative Officers)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025.
Compliance Deadline:September 1, 2025. All non-compliant telework arrangements must be terminated by the start of the 2025-2026 academic year.
Agency Rulemaking: The Texas Higher Education Coordinating Board (THECB) is authorized to adopt rules. Expect a "regulatory gray zone" between now and Summer 2025 regarding definitions of "regular basis" and "minimal supervision."
Immediate Action Plan
1.Conduct "The Great Audit": Immediately identify the physical work location of every current employee and categorize them by statutory exception (Medical, Non-Teaching Competency, or Distance Faculty).
2.Formalize Course Designations: Ensure all online courses are formally designated as "Distance Education" or "Dual Credit" via faculty governance by June 2025 to protect faculty eligibility for telework.
3.Draft Compliance Affidavits: Create the internal documentation required to prove an employee meets the 5-point competency test or faculty exception.
4.Issue RTO Notices: Send Return-to-Office notices by July 1, 2025, to employees who do not qualify for exceptions, allowing time to mitigate constructive discharge claims.
Operational Changes Required
Contracts
Employment Agreements: Review all offer letters and faculty contracts. Remove "permanent remote" clauses unless contingent on statutory exceptions (e.g., ADA compliance or specific Distance Education assignments).
Vendor Agreements: Contracts with Online Program Managers (OPMs) must be amended to ensure faculty staffing aligns with "distance education" course designations, as this is now the only legal pathway for remote faculty work.
Faculty Handbooks: Update to reflect that remote work is no longer a negotiated benefit but a function of course designation (Distance Ed/Dual Credit) or research location.
Hiring/Training
Manager Training: Train department heads that they no longer have the authority to approve remote work based on preference. Approvals must now pass a statutory compliance check.
Recruiting: Cease advertising positions as "Remote" or "Hybrid" unless the role has been pre-cleared against the Section 51.992(c) exceptions.
Reporting & Record-Keeping
Statutory Telework Affidavit: Create a mandatory form for every remote employee.
Non-Teaching Staff: Must document evidence of "minimal supervision," "time management skills," and a "record of efficiency."
Faculty: Must link the employee to a specific course formally approved for remote instruction via faculty governance.
Catastrophe Logs: Establish a log to track start/end dates of "Chief Administrative Officer" declared emergencies (e.g., weather, epidemic) to justify payroll for temporary remote work.
Fees & Costs
Audit Costs: Significant internal administrative hours required to audit the physical location of the entire workforce.
Liability Insurance: Potential increase in Employment Practices Liability Insurance (EPLI) risk due to the subjective nature of the "minimal supervision" requirement, which may trigger discrimination claims if applied inconsistently.
Strategic Ambiguities & Considerations
The law uses terms that the THECB will likely need to define later. Watch for:
"Regular Basis": The statute bans telework on a "regular basis" but does not define the threshold. Does one day a week constitute "regular"? Until clarified, assume any recurring off-site schedule requires full statutory compliance.
"Minimal Supervision": This standard for non-teaching staff is subjective. Without objective metrics (e.g., specific performance review scores), institutions risk litigation for arbitrary denial of telework.
"Catastrophe": The determination lies with the "Chief Administrative Officer." Institutions need a formal policy on who designates this to prevent inconsistent application across departments.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The COVID-19 pandemic fundamentally changed how workplaces manage time and productivity, leading to the widespread adoption of remote work policies to accommodate flexible working conditions. While remote work has proven beneficial in certain contexts, many organizations are now transitioning back to in-person work, recognizing that face-to-face interactions often promote greater productivity and collaboration. Despite this shift, many higher education institutions continue to offer work-from-home options, even though the practice is increasingly seen as outdated. S.B. 2615 seeks to address this issue by promoting in-person work while allowing for remote work in specific circumstances, ensuring that higher education institutions deliver the highest quality educational experience while offering flexibility when necessary.
S.B. 2615 proposes that institutions of higher education restrict remote work for employees, allowing it only under certain conditions, such as when an employee is temporarily or permanently unable to work in person due to illness or medical conditions, or when their role does not require consistent in-person engagement. S.B. 2615 aims to balance the need for in-person interaction with reasonable accommodations for specific circumstances.
As proposed, S.B. 2615 amends current law relating to restricting remote work by employees of public institutions of higher education.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 1 (Section 51.992, Education Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.992, as follows:
Sec. 51.992. RESTRICTIONS ON REMOTE WORK BY HIGHER EDUCATION EMPLOYEES. (a) Defines "institution of higher education."
(b) Prohibits an institution of higher education, notwithstanding Section 658.010 (Place Where Work Performed), Government Code, from allowing an employee to work remotely as provided by this section.
(c) Authorizes an institution of higher education to allow an employee to work remotely on a temporary or permanent basis if the employee meets certain criteria.
(d) Authorizes the Texas Higher Education Coordinating Board to adopt rules as necessary to implement this section.
SECTION 2. Provides that this Act applies beginning with the 2025�2026 academic year.
SECTION 3. Effective date: upon passage or September 1, 2025.
Honorable Brandon Creighton, Chair, Senate Committee on Education K-16
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB2615 by Creighton (Relating to restricting remote work by employees of public institutions of higher education.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources. Based on information provided by institutions of higher education, there could be a potentialfiscal impact related to remote faculty members that teach within online degree programs.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 966 Howard College, 978 San Jacinto College
LBB Staff:
JMc, FV, LBO, CPo, GO
Related Legislation
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SB 2615 eliminates "telework by default" for all Texas public institutions of higher education, converting remote work from a managerial discretion issue to a statutory prohibition with narrow exceptions. Effective for the 2025-2026 academic year, universities and colleges must dismantle broad remote policies and require physical presence for all employees unless they meet specific medical, distance-learning, or competency-based statutory criteria. Implementation Timeline Effective Date: September 1, 2025.
Q
Who authored SB2615?
SB2615 was authored by Texas Senator Charles Creighton during the Regular Session.
Q
When was SB2615 signed into law?
SB2615 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB2615?
SB2615 is enforced by Texas Higher Education Coordinating Board and Public Institutions of Higher Education (Chief Administrative Officers).
Q
How urgent is compliance with SB2615?
The compliance urgency for SB2615 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB2615?
The cost impact of SB2615 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB2615 address?
SB2615 addresses topics including disabilities, persons with, education, education--higher, education--higher--faculty and education--higher--institutions & programs.
Legislative data provided by LegiScanLast updated: November 25, 2025
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