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.