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