1-1 By: Moncrief S.B. No. 843
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Finance; May 3, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 12, Nays 0; May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 843 By: Moncrief
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the implementation and use of employee assistance
1-25 programs.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. The State Employees Health Fitness and Education
1-28 Act of 1983 (Article 6252-27, Vernon's Texas Civil Statutes) is
1-29 amended by amending Sections 3, 4, and 5 and adding Sections 6, 7,
1-30 and 8 to read as follows:
1-31 Sec. 3. In this Act:
1-32 (1) "Employee assistance program" means an
1-33 employer-sponsored program designed to assist in the identification
1-34 and resolution of productivity problems associated with employees
1-35 impaired by personal concerns including but not limited to health,
1-36 marital, family, financial, alcohol, drug, emotional, stress, or
1-37 other personal concerns which may adversely affect employee job
1-38 performance. The program may assist supervisors in dealing with
1-39 employees with work-related problems, and it may include
1-40 assessment, counseling, referral if indicated, client follow-up,
1-41 information and training, education and communication materials,
1-42 management consultation, and statistical reporting.
1-43 (2) "State entity" means a state department,
1-44 institution, commission, or agency.
1-45 Sec. 4. A state entity <department, institution, commission,
1-46 or agency> may use available public funds for health fitness
1-47 education and activities and other health fitness related costs. A
1-48 state entity <department, institution, commission, or agency> may
1-49 also use available facilities for health fitness programs.
1-50 Sec. 5. A state entity may and is encouraged to use
1-51 available public funds for employee assistance programs. A state
1-52 entity may use any state purchasing procedure option in acquiring
1-53 services for an employee assistance program. Such a program may
1-54 serve employees and their immediate families, and it may be
1-55 provided in conjunction with or separate and distinct from a
1-56 wellness program provided by the state entity.
1-57 Sec. 6 <4>. A state entity <department, institution,
1-58 commission, or agency> may<,> and is encouraged to<,> enter into
1-59 agreements with other state, local, or federal departments,
1-60 institutions, commissions, or agencies, including a state-supported
1-61 college or university to present, join in purchasing or presenting,
1-62 or participate jointly in employee assistance programs and health
1-63 fitness education or fitness activity programs for its
1-64 administrators and employees and their immediate families.
1-65 Sec. 7 <5>. Each state entity <department, institution,
1-66 commission, or agency> desiring to implement an employee assistance
1-67 program or a health fitness program shall develop a plan prior to
1-68 such implementation which shall address the participants, purpose,
2-1 nature, duration, costs, and expected results of such program.
2-2 However, no such plan shall be implemented until the program is
2-3 approved in writing by the Texas Department of Health or the agency
2-4 responsible for administering this Act. If implementation of a
2-5 plan requires the expenditure of public funds, the program must
2-6 also be approved in writing by the governor or the governor's
2-7 designated representative.
2-8 Sec. 8. Each state entity that implements an employee
2-9 assistance program shall annually report utilization data to the
2-10 agency responsible for administering this Act. Such agency shall
2-11 coordinate with and receive input from the Statewide Task Force to
2-12 Review the State's Employee Assistance Programs of the Texas State
2-13 Personnel Administrators Association.
2-14 SECTION 2. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.
2-21 * * * * *
2-22 Austin,
2-23 Texas
2-24 May 3, 1993
2-25 Hon. Bob Bullock
2-26 President of the Senate
2-27 Sir:
2-28 We, your Committee on Finance to which was referred S.B. No. 843,
2-29 have had the same under consideration, and I am instructed to
2-30 report it back to the Senate with the recommendation that it do not
2-31 pass, but that the Committee Substitute adopted in lieu thereof do
2-32 pass and be printed.
2-33 Montford,
2-34 Chairman
2-35 * * * * *
2-36 WITNESSES
2-37 FOR AGAINST ON
2-38 ___________________________________________________________________
2-39 Name: Carol LeFerre x
2-40 Representing: TSPAA Statewide Task Force/EAP
2-41 City: Austin
2-42 -------------------------------------------------------------------
2-43 Name: Mary Helen Rodriguez x
2-44 Representing: Tx. St. Personnel Adm. Assoc
2-45 City: Austin
2-46 -------------------------------------------------------------------
2-47 Name: Jebrom McCue x
2-48 Representing: Tx. St. Personnel Adm. Assoc
2-49 City: Austin
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