H.B. No. 1297
  relating to the creation of the state employee wellness program.
         SECTION 1.  Chapter 664, Government Code, is amended by
  designating Sections 664.001 through 664.006 as Subchapter A and
  adding a subchapter heading to read as follows:
         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
         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:
         Sec. 664.051.  DEFINITIONS. In this subchapter:
               (1)  "Board" means the Worksite Wellness Advisory
               (2)  "Department" means the Department of State Health
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (4)  "State agency" means a department, institution,
  commission, or other agency that is in the executive, judicial, or
  legislative branch of state government.
               (5)  "State employee" means a state employee who
  participates in a health benefits program administered under
  Chapter 1551, Insurance Code.
         Sec. 664.052.  RULES. The executive commissioner shall
  adopt rules for the administration of this subchapter, including
  rules prescribing the frequency and location of board meetings.
  COORDINATOR. (a)  The department shall designate a statewide
  wellness coordinator to create and develop for use by state
  agencies a model statewide wellness program to improve the health
  and wellness of state employees. The wellness program may include:
               (1)  education that targets the most costly or
  prevalent health care claims, including information addressing
  stress management, nutrition, healthy eating habits, alcohol and
  drug abuse, physical activity, disease prevention, and smoking
               (2)  the dissemination or use of available health risk
  assessment tools and programs, including surveys that identify an
  employee's risk level for health-related problems and programs that
  suggest to employees methods for minimizing risks;
               (3)  the development of strategies for the promotion of
  health, nutritional, and fitness-related resources in state
               (4)  the development and promotion of environmental
  change strategies that integrate healthy behaviors and physical
  activity, including recommending healthy food choices in snack
  bars, vending machines, and state-run cafeterias located in state
  buildings; and
               (5)  optional incentives to encourage participation in
  the wellness program, including providing flexibility in employee
  scheduling to allow for physical activity and participation in the
  wellness program and coordinating discounts with gyms and fitness
  centers across the state.
         (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.
         (c)  The statewide wellness coordinator may consult with a
  state agency operating health care programs on matters relating to
  wellness promotion.
         (d)  A state agency shall designate an employee to serve as
  the wellness liaison between the agency and the statewide wellness
         (e)  A state agency may implement a wellness program based on
  the model program or components of the model program developed
  under this section.
         (f)  The statewide wellness coordinator may assist a state
  agency in establishing employee wellness demonstration projects
  that incorporate best practices for encouraging employee
  participation and the achievement of wellness benefits. A wellness
  program demonstration project may implement strategies to optimize
  the return of state investment in employee wellness, including
  savings in direct health care costs and savings from preventing
  conditions and diagnoses through better employee wellness.
  COMPOSITION.  (a)  The board consists of the following 13 members
  appointed by the executive 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
               (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 worksite wellness professional;
               (6)  one representative of the American Cancer Society;
               (7)  one representative of the American Heart
  Association; and
               (8)  one representative of the Texas Medical
         (b)  In appointing members to the board, the executive
  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
         (c)  The members of the board shall elect a presiding
         (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 executive commissioner.
         (e)  If a vacancy occurs, the executive commissioner 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. 664.055.  REIMBURSEMENT.  A member of the board may not
  receive compensation for service 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. 664.056.  ADMINISTRATION.  The board is
  administratively attached to the department.  The department shall
  provide the staff necessary for the board to perform its duties.
         Sec. 664.057.  APPLICABILITY OF OTHER LAW.  Chapter 2110
  does not apply to the size, composition, or duration of the board.
         Sec. 664.058.  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. 664.059.  DUTIES.  The board shall advise the
  department, executive commissioner, and statewide wellness
  coordinator on worksite wellness issues, including:
               (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; and
               (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)  A state
  agency may facilitate the development of a wellness council
  composed of employees and managers of the agency to promote
  worksite wellness in the agency.
         (b)  A wellness council may 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 a wellness council may review the
  recommendations of the board and develop a plan to implement the
         (d)  A state agency may allow its employees to participate in
  wellness council activities for two or more 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)  A wellness council may annually identify best practices
  for worksite wellness in the agency and report the practices to the
         Sec. 664.061.  AGENCY WELLNESS POLICIES.  A state agency
               (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 an 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.
         SECTION 5.  The executive commissioner of the Health and
  Human Services Commission shall adopt rules under Subchapter B,
  Chapter 664, Government Code, as added by this Act, not later than
  January 1, 2008.
         SECTION 6.  Section 664.006, Government Code, is repealed.
         SECTION 7.  This Act takes effect September 1, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1297 was passed by the House on April
  26, 2007, by the following vote:  Yeas 142, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1297 on May 23, 2007, by the following vote:  Yeas 144, Nays 2,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 1297 was passed by the Senate, with
  amendments, on May 18, 2007, by the following vote:  Yeas 29, Nays
  Secretary of the Senate   
  APPROVED: __________________