By: Moncrief S.B. No. 843
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the implementation and use of employee assistance
1-2 programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The State Employees Health Fitness and Education
1-5 Act of 1983 (Article 6252-27, Vernon's Texas Civil Statutes) is
1-6 amended by amending Sections 3, 4, and 5 and adding Sections 6, 7,
1-7 and 8 to read as follows:
1-8 Sec. 3. In this Act:
1-9 (1) "Employee assistance program" means an
1-10 employer-sponsored program designed to assist in the identification
1-11 and resolution of productivity problems associated with employees
1-12 impaired by personal concerns including but not limited to health,
1-13 marital, family, financial, alcohol, drug, emotional, stress, or
1-14 other personal concerns which may adversely affect employee job
1-15 performance. The program may assist supervisors in dealing with
1-16 employees with work-related problems, and it may include
1-17 assessment, counseling, referral if indicated, client follow-up,
1-18 information and training, education and communication materials,
1-19 management consultation, and statistical reporting.
1-20 (2) "State entity" means a state department,
1-21 institution, commission, or agency.
1-22 Sec. 4. A state entity <department, institution, commission,
1-23 or agency> may use available public funds for health fitness
2-1 education and activities and other health fitness related costs. A
2-2 state entity <department, institution, commission, or agency> may
2-3 also use available facilities for health fitness programs.
2-4 Sec. 5. A state entity may and is encouraged to use
2-5 available public funds for employee assistance programs. A state
2-6 entity may use any state purchasing procedure option in acquiring
2-7 services for an employee assistance program. Such a program may
2-8 serve employees and their immediate families, and it may be
2-9 provided in conjunction with or separate and distinct from a
2-10 wellness program provided by the state entity.
2-11 Sec. 6 <4>. A state entity <department, institution,
2-12 commission, or agency> may<,> and is encouraged to<,> enter into
2-13 agreements with other state, local, or federal departments,
2-14 institutions, commissions, or agencies, including a state-supported
2-15 college or university to present, join in purchasing or presenting,
2-16 or participate jointly in employee assistance programs and health
2-17 fitness education or fitness activity programs for its
2-18 administrators and employees and their immediate families.
2-19 Sec. 7 <5>. Each state entity <department, institution,
2-20 commission, or agency> desiring to implement an employee assistance
2-21 program or a health fitness program shall develop a plan prior to
2-22 such implementation which shall address the participants, purpose,
2-23 nature, duration, costs, and expected results of such program.
2-24 However, no such plan shall be implemented until the program is
2-25 approved in writing by the Texas Department of Health or the agency
3-1 responsible for administering this Act. If implementation of a
3-2 plan requires the expenditure of public funds, the program must
3-3 also be approved in writing by the governor or the governor's
3-4 designated representative.
3-5 Sec. 8. Each state entity that implements an employee
3-6 assistance program shall annually report utilization data to the
3-7 agency responsible for administering this Act. Such agency shall
3-8 coordinate with and receive input from the Statewide Task Force to
3-9 Review the State's Employee Assistance Programs of the Texas State
3-10 Personnel Administrators Association.
3-11 SECTION 2. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.