Skip to content
Breadcrumbs

eXpendit

Note: To navigate this guide on a mobile device you must use the Table of Contents.

Expenditures Related to State Officers and Employees
Employee Assistance Programs

A state agency may pay for an employee assistance program if the program benefits the state and the agency has specific or implied statutory authority to sponsor the program.

A state agency may justify an employee assistance program as benefiting the state if the agency:

  • Determines the program would serve a valid governmental purpose,
  • Determines the state will receive adequate consideration for the expenditures made under the program, and
  • Implements controls to ensure the valid governmental purpose is achieved.

Only an institution of higher education may justify an employee assistance program by saying the program constitutes compensation to their employees, as those institutions have substantial discretion to determine the amount and types of compensation for their employees.

State agencies are limited to the amount and types of compensation specifically provided by law. No law specifically authorizes any state agency to sponsor an employee assistance program as part of employee compensation.

Statutory authority for an employee assistance program

Specific statutory authority

While no state law specifically authorizes any state agency to sponsor an employee assistance program, specific authorization in the State Employees Health Fitness and Education Act of 1983 (SEHFEA) would authorize certain features of an employee assistance program.

For example, if an employee assistance program provides counseling, physical activities, educational programs or anything else that promotes the physical and mental well-being of state administrators and employees, the SEHFEA would probably provide authority for the program.

Implied statutory authority

A state agency has implied statutory authority to sponsor an employee assistance program only if the sponsorship is necessary for the agency to fulfill its specific statutory duties.

See also: Health Fitness Activities, Education and Programs and Peer Assistance Programs.

Sources [+]

Texas Constitution Article III, Section 51; Article VIII, Section 3; Article XVI, Section 6(a). State Employees Health Fitness and Education Act of 1983, Texas Government Code, Section 664.001–664.003, Section 664.005.

Documentation Requirements [+]

  1. A state agency must retain documentation in its files showing the statutory authority for its employee assistance program and how the program benefits the state.
  2. If the State Employees Health Fitness and Education Act of 1983 (SHEFEA) is cited as the statutory authority for an employee assistance program, a state agency must retain in its files a copy of the written approvals of the program from the Department of State Health Services and the governor or the governor’s designee.
  3. Comptroller object 7253 must be used.