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.