By: Lucio  S.B. No. 871
         (In the Senate - Filed February 16, 2009; March 9, 2009,
  read first time and referred to Committee on State Affairs;
  April 20, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 20, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 871 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the state employee wellness program, including health
  risk assessments of state employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 664.053, Government
  Code, is amended to read as follows:
         (b)  The statewide wellness coordinator shall:
               (1)  coordinate with other agencies that administer a
  health benefits program under Chapter 1551, Insurance Code, as
  necessary to develop the model wellness program, prevent
  duplication of efforts, provide information and resources to
  employees, and encourage the use of wellness benefits included in
  the health benefits program;
               (2)  maintain a set of Internet links to health
  resources for use by state employees;
               (3)  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;
               (4)  study the implementation and participation rates
  of state agency worksite wellness programs and report the findings
  to the legislature biennially; [and]
               (5)  organize an annual conference hosted by the
  department for all state agency wellness councils; and
               (6)  create an online questionnaire for state agency
  heads to report information, including:
                     (A)  the agency policy on leave time for employees
  to complete a health risk assessment;
                     (B)  the agency policy on leave time for employees
  to receive an annual physical examination;
                     (C)  the agency policy on providing employees time
  during the workday to exercise; and
                     (D)  whether the agency has a wellness coordinator
  or council.
         SECTION 2.  Section 664.061, Government Code, is amended to
  read as follows:
         Sec. 664.061.  AGENCY WELLNESS POLICIES. (a)  Each state
  agency with more than 50 employees shall create and annually update
  a worksite wellness policy.
         (b)  The executive head of a state agency shall submit the
  agency's worksite wellness information to the statewide wellness
  coordinator annually through the online questionnaire under
  Section 664.053(b)(6).
         (c)  A state agency may:
               (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 four [eight] hours of additional leave
  time each year to an employee who[:
                     [(A)]  receives a physical examination.
         (d)  Except as provided by Subsection (e), a state agency
  shall provide four hours of leave time each year to an employee who
  [; 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.
         (e)  A state agency is not required to provide the hours of
  leave under Subsection (d) to an employee who is a correctional
  officer and is performing critical duties for the agency as
  determined by the agency.
         (f)  An institution of higher education as defined by Section
  61.003, Education Code, may provide four hours of leave time each
  year to an employee who 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.
         SECTION 3.  Section 1551.061, Insurance Code, is amended to
  read as follows:
         Sec. 1551.061.  ANNUAL REPORTS [REPORT].  (a)  The board of
  trustees shall submit a written report not later than January 1 of
  each year to the governor, lieutenant governor, speaker of the
  house of representatives, and Legislative Budget Board concerning
  the coverages provided and the benefits and services being received
  by all participants under this chapter. The report must include
  information about the effectiveness and efficiency of:
               (1)  managed care cost containment practices; and
               (2)  fraud detection and prevention procedures.
         (b)  The board of trustees shall submit a written report not
  later than January 1 of each year to the governor and Legislative
  Budget Board that includes:
               (1)  a population-based summary of the health risk
  assessments completed under Section 664.061, Government Code,
  during the preceding state fiscal year; and
               (2)  an evaluation of the Employees Retirement System
  of Texas' weight management programs.
         SECTION 4.  This Act takes effect September 1, 2009.
 
  * * * * *