CHAPTER 664. STATE EMPLOYEES HEALTH FITNESS AND EDUCATION - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 664. STATE EMPLOYEES HEALTH FITNESS AND EDUCATION

SUBCHAPTER A. STATE EMPLOYEES HEALTH FITNESS

AND EDUCATION PROGRAMS

Sec. 664.001. SHORT TITLE. This subchapter may be cited as the

State Employees Health Fitness and Education Act of 1983.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 2, eff. September 1, 2007.

Sec. 664.002. FINDINGS AND PURPOSE. Effective state

administration is materially enhanced by programs designed to

encourage and create a condition of health fitness in state

administrators and employees and public money spent for these

programs serves important public purposes, including:

(1) an understanding and diminution of the risk factors

associated with society's most debilitating diseases;

(2) the development of greater work productivity and capacity;

(3) a reduction in absenteeism;

(4) a reduction of health insurance costs; and

(5) an increase in the general level of fitness.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 664.003. DEFINITION. In this subchapter, "state agency"

means a department, institution, commission, or other agency of

the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 3, eff. September 1, 2007.

Sec. 664.004. FUNDS AND FACILITIES FOR HEALTH FITNESS PROGRAMS.

(a) A state agency may use available public funds for:

(1) health fitness education and activities; or

(2) other costs related to health fitness.

(b) A state agency may use available facilities for health

fitness programs.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 664.005. AGREEMENTS WITH OTHER STATE, LOCAL, OR FEDERAL

AGENCIES. A state agency may, and is encouraged to, enter into

an agreement with another state agency, including a

state-supported college or university, or with a local or federal

department, institution, commission, or agency, to present, join

in presenting, or participate jointly in health fitness education

or activity programs for the state agency's administrators and

employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. STATE EMPLOYEE WELLNESS PROGRAM

Sec. 664.051. DEFINITIONS. In this subchapter:

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

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

(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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

Sec. 664.053. CREATION OF MODEL PROGRAM; DESIGNATION OF

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 cessation;

(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 agencies;

(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

coordinator.

(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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

Sec. 664.054. WORKSITE WELLNESS ADVISORY BOARD; 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 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 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 Association.

(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 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 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

Sec. 664.057. APPLICABILITY OF OTHER LAW. Chapter 2110 does not

apply to the size, composition, or duration of the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

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 recommendations.

(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

board.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.

Sec. 664.061. AGENCY WELLNESS POLICIES. 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 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

665, Sec. 4, eff. September 1, 2007.