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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Worksite Wellness Advisory |
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Board and the implementation of worksite wellness policies at state |
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agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 664, Government Code, is amended by |
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designating Sections 664.001 through 664.005 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. STATE EMPLOYEES HEALTH FITNESS |
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AND EDUCATION PROGRAMS |
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SECTION 2. Section 664.001, Government Code, is amended to |
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read as follows: |
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Sec. 664.001. SHORT TITLE. This subchapter [chapter] may |
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be cited as the State Employees Health Fitness and Education Act of |
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1983. |
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SECTION 3. Section 664.003, Government Code, is amended to |
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read as follows: |
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Sec. 664.003. DEFINITION. In this subchapter [chapter], |
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"state agency" means a department, institution, commission, or |
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other agency of the state. |
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SECTION 4. Chapter 664, Government Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. WORKSITE WELLNESS PROGRAM |
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Sec. 664.051. DEFINITIONS. In this subchapter: |
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(1) "Board" means the Worksite Wellness Advisory |
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Board. |
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(2) "Commissioner" means the commissioner of state |
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health services. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "State agency" means a department, institution, |
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commission, or other agency that is in the executive or legislative |
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branch of state government, but does not include an institution of |
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higher education as defined by Section 61.003, Education Code, or a |
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correctional facility operated by the Texas Department of Criminal |
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Justice. |
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Sec. 664.052. WORKSITE WELLNESS ADVISORY BOARD; |
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COMPOSITION. (a) The board consists of the following 17 members |
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appointed by the commissioner: |
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(1) five state agency employees, including one |
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employee of each of the following agencies: |
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(A) Department of Agriculture; |
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(B) Texas Education Agency; |
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(C) Texas Department of Transportation; |
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(D) Texas Department of Criminal Justice; and |
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(E) the department; |
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(2) one other employee of the department who is |
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involved in worksite wellness efforts at the department; |
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(3) one employee of the Employees Retirement System of |
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Texas; |
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(4) two state employee representatives of an eligible |
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state employee organization described by Section 403.0165 with at |
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least 10,000 active, dues-paying members; |
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(5) one registered and licensed dietitian; |
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(6) one worksite wellness professional; |
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(7) one representative of a fitness-related nonprofit |
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organization; |
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(8) one representative of the American Cancer Society; |
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(9) one representative of the American Diabetes |
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Association; |
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(10) one representative of the American Heart |
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Association; |
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(11) one representative of the Texas Medical |
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Association; and |
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(12) one representative of a nurse's association. |
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(b) In appointing members to the board, the commissioner |
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shall: |
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(1) make an effort to appoint at least one member from |
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each of the health and human services regions; and |
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(2) consider input received from state agency |
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employees. |
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(c) The members of the board shall elect a presiding |
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officer. |
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(d) Each member of the board who is not a state officer or |
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employee serves a two-year term expiring February 1 of each |
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odd-numbered year and may be reappointed. Each member of the board |
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who is a state officer or employee serves on the board at the |
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pleasure of the appointing authority. |
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(e) If a vacancy occurs, the appropriate appointing |
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authority shall appoint a person to fill the vacancy. |
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(f) A state officer or employee appointed to the board |
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serves on the board ex officio as an additional duty of the member's |
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office or employment. |
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Sec. 664.053. REIMBURSEMENT. A member of the board may not |
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receive compensation for services as a board member but is entitled |
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to reimbursement of the member's travel expenses: |
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(1) under the rules for reimbursement that apply to |
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the member's office or employment, if the member is a state officer |
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or employee; or |
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(2) as provided by the General Appropriations Act if |
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the member is not a state officer or employee. |
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Sec. 664.054. ADMINISTRATION. The board is |
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administratively attached to the department. The department shall |
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provide the staff necessary for the board to perform its duties. |
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Sec. 664.055. RULES. The department may adopt rules |
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necessary to implement this subchapter, including rules setting the |
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frequency and location of board meetings. |
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Sec. 664.056. APPLICABILITY OF OTHER LAW. Chapter 2110 |
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does not apply to the size, composition, or duration of the board. |
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Sec. 664.057. DONATIONS. The board may receive in-kind and |
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monetary gifts, grants, and donations from public and private |
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donors to be used for the purposes of this subchapter. |
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Sec. 664.058. DUTIES. The board shall: |
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(1) create a plan to improve the health and wellness of |
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state employees, including a set of best practices to be used by |
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state agencies in implementing the plan, and report the plan to the |
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legislature; |
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(2) adopt an online health risk assessment tool for |
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use by state employees; |
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(3) maintain a set of Internet links to health |
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resources for use by state employees; |
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(4) design an outreach campaign to educate state |
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employees about health and fitness-related resources, including |
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available exercise facilities, online tools, and health and |
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fitness-related organizations; |
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(5) create a list of healthy foods, identify vendors |
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of those foods, and encourage state agency cafeterias to serve and |
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promote those foods; |
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(6) study the implementation and participation rates |
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of state agency worksite wellness programs and report the findings |
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to the legislature biennially; |
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(7) host an annual conference for all state agency |
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wellness councils; |
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(8) work with the Legislative Budget Board to study |
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and report to the legislature the cost and cost savings associated |
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with providing coverage for obesity treatment for state employees |
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through state employee health insurance plans; and |
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(9) conduct a biennial study of existing worksite |
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wellness programs to identify best practices for worksite wellness. |
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Sec. 664.059. ADVISORY COMMITTEES. The board may request |
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that the department establish advisory committees to address: |
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(1) funding and resource development for worksite |
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wellness programs; |
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(2) identifying food service vendors that |
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successfully market healthy foods; |
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(3) best practices for worksite wellness used by the |
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private sector; or |
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(4) worksite wellness features and architecture for |
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new state buildings based on features and architecture used by the |
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private sector. |
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Sec. 664.060. STATE AGENCY WELLNESS COUNCILS. (a) Each |
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state agency with more than 150 employees shall facilitate the |
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development of a wellness council composed of employees and |
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managers of the agency to promote worksite wellness in the agency. |
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A state agency with 150 or fewer employees may establish a wellness |
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council under this section. |
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(b) Each wellness council shall work to: |
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(1) increase employee interest in worksite wellness; |
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(2) develop and implement policies to improve agency |
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infrastructure to allow for increased worksite wellness; and |
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(3) involve employees in worksite wellness programs. |
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(c) Members of each wellness council shall review the |
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recommendations of the board and develop a plan to implement the |
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recommendations. |
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(d) Each state agency shall allow each employee to |
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participate in wellness council activities for at least two hours |
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each month. |
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(e) The department shall provide technical support to each |
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state agency wellness council and shall provide financial support |
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to councils if funds are available. |
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(f) Each wellness council shall annually identify best |
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practices for worksite wellness in the agency and report the |
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practices to the board. |
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Sec. 664.061. AGENCY WELLNESS POLICIES. Each state agency |
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shall: |
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(1) allow each employee 30 minutes during normal |
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working hours for exercise three times each week; |
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(2) allow all employees to attend on-site wellness |
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seminars when offered; and |
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(3) provide eight hours of additional leave time each |
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year to each employee who: |
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(A) receives a physical examination; and |
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(B) completes either an online health risk |
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assessment tool provided by the board or a similar health risk |
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assessment conducted in person by a worksite wellness coordinator. |
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Sec. 664.062. LARGE AGENCY WELLNESS POLICIES. Each state |
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agency that employs the equivalent of 5,000 or more full-time |
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employees shall hire one full-time agency wellness coordinator |
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whose duties shall include: |
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(1) working with agency management to develop a |
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worksite wellness policy that includes worksite wellness goals, |
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plans to achieve those goals, and procedures to evaluate the |
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achievement of those goals; |
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(2) developing training programs and materials for |
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agency employees that promote worksite wellness; |
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(3) communicating regularly with agency employees to |
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promote available worksite wellness services and programs; |
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(4) reviewing and implementing the recommendations of |
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the board; |
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(5) supporting the activities of the agency wellness |
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council; and |
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(6) continually evaluating the status of worksite |
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wellness issues and programs in the agency and making regular |
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reports to agency management on worksite wellness issues. |
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SECTION 5. Section 664.006, Government Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2007. |