The Executive Commissioner of the Health and Human Services Commission on behalf of the Department of State Health Services (department) proposes the repeal of §1.61 and §1.62, and new §1.61, concerning the Worksite Wellness Advisory Board (board).

BACKGROUND AND PURPOSE

The "State Employees Health Fitness and Education Act of 1983" (Government Code, Chapter 664) allowed state agencies to encourage employee fitness. Before implementing such a program, the agency was required to develop a plan that was approved by the department. The 80th Legislature, 2007, has amended this Act to further encourage employee fitness, providing for a statewide wellness coordinator and the board, but repealing the requirement that the department approve individual agency plans.

The repeal is necessary to comply with House Bill (HB) 1297 (Chapter 665) in the 80th Legislative Session, which amends Government Code, by repealing §664.006, Plans. The new rule is necessary to meet the legislation which added Government Code, §664.052, Rules, requiring the Executive Commissioner of the Health and Human Services Commission to adopt rules to administer Subchapter B. State Employee Wellness Program, outlining the composition of the newly created board, purpose and tasks, and meeting requirements, and Government Code, §2110.005, which requires rules on Advisory Committees which serve state agencies.

Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Section 1.61 and §1.62 have been reviewed and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are needed. However, §1.61 and §1.62 are being repealed and a new §1.61 is being proposed.

SECTION-BY-SECTION SUMMARY

Government Code, §664.006, requires state agencies to submit plans to conduct health fitness programs for their employees is repealed, thereby requiring the repeal of §1.61 and §1.62 which prescribes what items must be covered in the development of a health fitness plan.

The new §1.61 will contain the requirements of the new Government Code, §664.052, outlining the composition of the board, its duties, and meeting requirements.

FISCAL NOTE

Casey Blass, has determined that for each year of the first five-year period that the repeal and new section will be in effect, there will be fiscal implications to state government to support the administration of the repeal and new section. Specifically, the department, as a result of enforcing and administering the repeal and new section as proposed, will incur costs from existing state and federal funding sources for personnel, supplies, phone and mail. There will be no fiscal implications to local government.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Mr. Blass has also determined that there will be no effect on small businesses or micro-businesses required to comply with the repeal and new section as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the proposal. There are no anticipated economic costs to persons who are required to comply with the repeal and new section as proposed. There is no anticipated negative impact on local employment.

PUBLIC BENEFIT

In addition, Mr. Blass has also determined that for each year of the first five years the repeal and new section are in effect, the public will benefit from adoption of the proposal by providing the public with a clear understanding of the Board. It is anticipated that administering the repeal and new section as proposed will inform the public about the board and its purpose to advise the department on employee wellness activities that can improve employee wellness in state government.

REGULATORY ANALYSIS

The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

The department has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Jennifer Smith, Manager, Department of State Health Services, Disease Prevention and Intervention, Adult Health and Chronic Disease Group, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, extension 2209, or by e-mail to Jennifer.Smith@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

LEGAL CERTIFICATION

The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the proposed repeal and new section have been reviewed by legal counsel and found to be within the state agencies' authority to adopt.

STATUTORY AUTHORITY

The repeal that supports administration of Government Code, Chapter 664, State Employees Health Fitness and Education Act are authorized by House Bill 1297 (Chapter 665), 80th Legislative Session, Section 4, which amends Government Code, Chapter 664; Section 6, which repeals Government Code, §664.006; Government Code, §2110.005 which requires rules on advisory committees which serve state agencies; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001.

The repeal affects Government Code, Chapters 531, 664, 2110; and Health and Safety Code, Chapter 1001.