CHAPTER 658. HOURS OF LABOR - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 658. HOURS OF LABOR

Sec. 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.

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.

Sec. 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 Youth Commission facility.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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) received prior written authorization from the administrative

head of the employing state agency to perform work elsewhere.

(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.