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AN ACT
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relating to the creation of the state employee wellness program. |
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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 664.006 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. STATE EMPLOYEE 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) "Department" means the Department of State Health |
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Services. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "State agency" means a department, institution, |
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commission, or other agency that is in the executive, judicial, or |
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legislative branch of state government. |
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(5) "State employee" means a state employee who |
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participates in a health benefits program administered under |
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Chapter 1551, Insurance Code. |
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Sec. 664.052. RULES. The executive commissioner shall |
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adopt rules for the administration of this subchapter, including |
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rules prescribing the frequency and location of board meetings. |
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Sec. 664.053. CREATION OF MODEL PROGRAM; DESIGNATION OF |
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COORDINATOR. (a) The department shall designate a statewide |
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wellness coordinator to create and develop for use by state |
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agencies a model statewide wellness program to improve the health |
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and wellness of state employees. The wellness program may include: |
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(1) education that targets the most costly or |
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prevalent health care claims, including information addressing |
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stress management, nutrition, healthy eating habits, alcohol and |
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drug abuse, physical activity, disease prevention, and smoking |
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cessation; |
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(2) the dissemination or use of available health risk |
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assessment tools and programs, including surveys that identify an |
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employee's risk level for health-related problems and programs that |
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suggest to employees methods for minimizing risks; |
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(3) the development of strategies for the promotion of |
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health, nutritional, and fitness-related resources in state |
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agencies; |
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(4) the development and promotion of environmental |
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change strategies that integrate healthy behaviors and physical |
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activity, including recommending healthy food choices in snack |
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bars, vending machines, and state-run cafeterias located in state |
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buildings; and |
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(5) optional incentives to encourage participation in |
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the wellness program, including providing flexibility in employee |
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scheduling to allow for physical activity and participation in the |
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wellness program and coordinating discounts with gyms and fitness |
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centers across the state. |
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(b) The statewide wellness coordinator shall: |
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(1) coordinate with other agencies that administer a |
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health benefits program under Chapter 1551, Insurance Code, as |
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necessary to develop the model wellness program, prevent |
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duplication of efforts, provide information and resources to |
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employees, and encourage the use of wellness benefits included in |
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the health benefits program; |
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(2) maintain a set of Internet links to health |
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resources for use by state employees; |
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(3) 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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(4) 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; and |
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(5) organize an annual conference hosted by the |
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department for all state agency wellness councils. |
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(c) The statewide wellness coordinator may consult with a |
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state agency operating health care programs on matters relating to |
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wellness promotion. |
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(d) A state agency shall designate an employee to serve as |
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the wellness liaison between the agency and the statewide wellness |
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coordinator. |
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(e) A state agency may implement a wellness program based on |
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the model program or components of the model program developed |
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under this section. |
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(f) The statewide wellness coordinator may assist a state |
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agency in establishing employee wellness demonstration projects |
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that incorporate best practices for encouraging employee |
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participation and the achievement of wellness benefits. A wellness |
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program demonstration project may implement strategies to optimize |
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the return of state investment in employee wellness, including |
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savings in direct health care costs and savings from preventing |
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conditions and diagnoses through better employee wellness. |
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Sec. 664.054. WORKSITE WELLNESS ADVISORY BOARD; |
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COMPOSITION. (a) The board consists of the following 13 members |
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appointed by the executive 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 worksite wellness professional; |
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(6) one representative of the American Cancer Society; |
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(7) one representative of the American Heart |
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Association; and |
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(8) one representative of the Texas Medical |
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Association. |
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(b) In appointing members to the board, the executive |
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commissioner 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 executive commissioner. |
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(e) If a vacancy occurs, the executive commissioner shall |
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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. 664.055. REIMBURSEMENT. A member of the board may not |
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receive compensation for service 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. 664.056. 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. 664.057. 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. 664.058. 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. 664.059. DUTIES. The board shall advise the |
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department, executive commissioner, and statewide wellness |
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coordinator on worksite wellness issues, including: |
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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; and |
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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) A state |
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agency may facilitate the development of a wellness council |
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composed of employees and managers of the agency to promote |
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worksite wellness in the agency. |
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(b) A wellness council may 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 a wellness council may 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) A state agency may allow its employees to participate in |
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wellness council activities for two or more hours 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) A wellness council may annually identify best practices |
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for worksite wellness in the agency and report the practices to the |
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board. |
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Sec. 664.061. AGENCY WELLNESS POLICIES. A state agency |
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may: |
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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 an 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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SECTION 5. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules under Subchapter B, |
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Chapter 664, Government Code, as added by this Act, not later than |
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January 1, 2008. |
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SECTION 6. Section 664.006, Government Code, is repealed. |
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SECTION 7. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1297 was passed by the House on April |
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26, 2007, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1297 on May 23, 2007, by the following vote: Yeas 144, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1297 was passed by the Senate, with |
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amendments, on May 18, 2007, by the following vote: Yeas 29, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |