There is a lot going on with these devices and to assume that the battery is bad when they don't work may not get you anywhere. The only way to determine that the battery is dead is to remove it and test it with a voltmeter. Do you have another electronic key that works? Are you just concerned about the touch-open feature or is it that you are unable to start the car except with the emergency procedure?
The technology that is employed to enable this process employs Radio Frequency transmitters and receivers. I suspect that what is happening to you is that there is an interfering RF signal at the location where you start your day. An example of how this can occur and seem to be time-of-day dependent is a defective sodium vapor night light. Let's say that the defective light is generating broadband noise that interferes with the key operation and that the light is only on in the morning. That may make it seem that your key battery has been discharged overnight. There are many possibilities regarding Radio Frequency Interference sources such as defective cell site transmitters, defective motors, Radio Station transmitters, arcing power lines, defective fluorescent or sodium vapor lights, etc. Most of these interfering sources only propagate a short distance at levels that cause problems so you might evaluate this by seeing if your car works okay at a different location such as a friends garage.