By: Lucio S.B. No. 72

(In the Senate - Filed November 13, 2006; January 23, 2007, read first time and referred to Committee on Government Organization; April 16, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 16, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 72 By: Nelson

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Worksite Wellness Advisory Board and the implementation of worksite wellness policies at state agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 664, Government Code, is amended by designating Sections 664.001 through 664.005 as Subchapter A and adding a subchapter heading to read as follows:

SUBCHAPTER A. STATE EMPLOYEES HEALTH FITNESS

AND EDUCATION PROGRAMS

SECTION 2. Section 664.001, Government Code, is amended to read as follows:

Sec. 664.001. SHORT TITLE. This subchapter [chapter] may be cited as the State Employees Health Fitness and Education Act of 1983.

SECTION 3. Section 664.003, Government Code, is amended to read as follows:

Sec. 664.003. DEFINITION. In this subchapter [chapter], "state agency" means a department, institution, commission, or other agency of the state.

SECTION 4. Chapter 664, Government Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. WORKSITE WELLNESS PROGRAM

Sec. 664.051. DEFINITIONS. In this subchapter:

(1) "Board" means the Worksite Wellness Advisory Board.

(2) "Commissioner" means the commissioner of state health services.

(3) "Department" means the Department of State Health Services.

(4) "State agency" means a department, institution, commission, or other agency that is in the executive or legislative branch of state government, but does not include an institution of higher education as defined by Section 61.003, Education Code, or a correctional facility operated by the Texas Department of Criminal Justice.

Sec. 664.052. WORKSITE WELLNESS ADVISORY BOARD; COMPOSITION. (a) The board consists of the following 17 members appointed by the commissioner:

(1) five state agency employees, including one employee of each of the following agencies:

(A) Department of Agriculture;

(B) Texas Education Agency;

(C) Texas Department of Transportation;

(D) Texas Department of Criminal Justice; and

(E) the department;

(2) one other employee of the department who is involved in worksite wellness efforts at the department;

(3) one employee of the Employees Retirement System of Texas;

(4) two state employee representatives of an eligible state employee organization described by Section 403.0165 with at least 10,000 active, dues-paying members;

(5) one registered and licensed dietitian;

(6) one worksite wellness professional;

(7) one representative of a fitness-related nonprofit organization;

(8) one representative of the American Cancer Society;

(9) one representative of the American Diabetes Association;

(10) one representative of the American Heart Association;

(11) one representative of the Texas Medical Association; and

(12) one representative of a nurse's association.

(b) In appointing members to the board, the commissioner shall:

(1) make an effort to appoint at least one member from each of the health and human services regions; and

(2) consider input received from state agency employees.

(c) The members of the board shall elect a presiding officer.

(d) Each member of the board who is not a state officer or employee serves a two-year term expiring February 1 of each odd-numbered year and may be reappointed. Each member of the board who is a state officer or employee serves on the board at the pleasure of the appointing authority.

(e) If a vacancy occurs, the appropriate appointing authority shall appoint a person to fill the vacancy.

(f) A state officer or employee appointed to the board serves on the board ex officio as an additional duty of the member's office or employment.

Sec. 664.053. REIMBURSEMENT. A member of the board may not receive compensation for services as a board member but is entitled to reimbursement of the member's travel expenses:

(1) under the rules for reimbursement that apply to the member's office or employment, if the member is a state officer or employee; or

(2) as provided by the General Appropriations Act if the member is not a state officer or employee.

Sec. 664.054. ADMINISTRATION. The board is administratively attached to the department. The department shall provide the staff necessary for the board to perform its duties.

Sec. 664.055. RULES. The department may adopt rules necessary to implement this subchapter, including rules setting the frequency and location of board meetings.

Sec. 664.056. APPLICABILITY OF OTHER LAW. Chapter 2110 does not apply to the size, composition, or duration of the board.

Sec. 664.057. DONATIONS. The board may receive in-kind and monetary gifts, grants, and donations from public and private donors to be used for the purposes of this subchapter.

Sec. 664.058. DUTIES. The board shall:

(1) create a plan to improve the health and wellness of state employees, including a set of best practices to be used by state agencies in implementing the plan, and report the plan to the legislature;

(2) adopt an online health risk assessment tool for use by state employees;

(3) maintain a set of Internet links to health resources for use by state employees;

(4) design an outreach campaign to educate state employees about health and fitness-related resources, including available exercise facilities, online tools, and health and fitness-related organizations;

(5) create a list of healthy foods, identify vendors of those foods, and encourage state agency cafeterias to serve and promote those foods;

(6) study the implementation and participation rates of state agency worksite wellness programs and report the findings to the legislature biennially;

(7) host an annual conference for all state agency wellness councils;

(8) work with the Legislative Budget Board to study and report to the legislature the cost and cost savings associated with providing coverage for obesity treatment for state employees through state employee health insurance plans; and

(9) conduct a biennial study of existing worksite wellness programs to identify best practices for worksite wellness.

Sec. 664.059. ADVISORY COMMITTEES. The board may request that the department establish advisory committees to address:

(1) funding and resource development for worksite wellness programs;

(2) identifying food service vendors that successfully market healthy foods;

(3) best practices for worksite wellness used by the private sector; or

(4) worksite wellness features and architecture for new state buildings based on features and architecture used by the private sector.

Sec. 664.060. STATE AGENCY WELLNESS COUNCILS. (a) Each state agency with more than 150 employees shall facilitate the development of a wellness council composed of employees and managers of the agency to promote worksite wellness in the agency. A state agency with 150 or fewer employees may establish a wellness council under this section.

(b) Each wellness council shall work to:

(1) increase employee interest in worksite wellness;

(2) develop and implement policies to improve agency infrastructure to allow for increased worksite wellness; and

(3) involve employees in worksite wellness programs.

(c) Members of each wellness council shall review the recommendations of the board and develop a plan to implement the recommendations.

(d) Each state agency shall allow each employee to participate in wellness council activities for at least two hours each month.

(e) The department shall provide technical support to each state agency wellness council and shall provide financial support to councils if funds are available.

(f) Each wellness council shall annually identify best practices for worksite wellness in the agency and report the practices to the board.

Sec. 664.061. AGENCY WELLNESS POLICIES. Each state agency shall:

(1) allow each employee 30 minutes during normal working hours for exercise three times each week;

(2) allow all employees to attend on-site wellness seminars when offered; and

(3) provide eight hours of additional leave time each year to each employee who:

(A) receives a physical examination; and

(B) completes either an online health risk assessment tool provided by the board or a similar health risk assessment conducted in person by a worksite wellness coordinator.

Sec. 664.062. LARGE AGENCY WELLNESS POLICIES. Each state agency that employs the equivalent of 5,000 or more full-time employees shall hire one full-time agency wellness coordinator whose duties shall include:

(1) working with agency management to develop a worksite wellness policy that includes worksite wellness goals, plans to achieve those goals, and procedures to evaluate the achievement of those goals;

(2) developing training programs and materials for agency employees that promote worksite wellness;

(3) communicating regularly with agency employees to promote available worksite wellness services and programs;

(4) reviewing and implementing the recommendations of the board;

(5) supporting the activities of the agency wellness council; and

(6) continually evaluating the status of worksite wellness issues and programs in the agency and making regular reports to agency management on worksite wellness issues.

SECTION 5. Section 664.006, Government Code, is repealed.

SECTION 6. This Act takes effect September 1, 2007.

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