By: Naishtat H.B. No. 1981
73R5552 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of caseload standards for certain
1-3 employees of the Texas Department of Human Services or the
1-4 Department of Protective and Regulatory Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In this Act:
1-7 (1) "Caseload standards" means the minimum and maximum
1-8 number of cases that an employee can reasonably be expected to
1-9 perform in a normal workweek or workday based on the number of
1-10 cases handled by or the number of different job functions performed
1-11 by the employee.
1-12 (2) "Commissioner" means the commissioner of health
1-13 and human services.
1-14 (3) "Professional caseload standards" means caseload
1-15 standards that are established for employees of health and human
1-16 services agencies by a national standard setting authority,
1-17 including the Child Welfare League, the National Eligibility
1-18 Workers Association, and the National Association of Social
1-19 Workers.
1-20 SECTION 2. CASELOAD STANDARDS. (a) After considering the
1-21 recommendations of the caseload standards advisory committee under
1-22 Section 5 of this Act, the commissioner shall ensure the provision
1-23 of adequate and efficient services by establishing caseload
1-24 standards and other standards relating to caseloads for each
2-1 category of caseworker employed by the Texas Department of Human
2-2 Services or the Department of Protective and Regulatory Services.
2-3 (b) In establishing standards under this section, the
2-4 commissioner shall:
2-5 (1) ensure the standards are based on the actual
2-6 duties of the caseworker;
2-7 (2) ensure the caseload standards are reasonable and
2-8 achievable;
2-9 (3) ensure the standards are consistent with existing
2-10 professional caseload standards; and
2-11 (4) consider standards developed by other states for
2-12 caseworkers in similar positions of employment.
2-13 SECTION 3. USE OF CASELOAD STANDARDS. (a) The commissioner
2-14 of human services and the director of the Department of Protective
2-15 and Regulatory Services shall use the standards established by the
2-16 commissioner under Section 2 of this Act to determine the number of
2-17 personnel to hire for their respective agency.
2-18 (b) The Texas Department of Human Services and the
2-19 Department of Protective and Regulatory Services shall use the
2-20 standards established by the commissioner to assign caseloads to
2-21 individual caseworkers employed by those agencies.
2-22 SECTION 4. STRATEGIC PLAN. The commissioner shall include a
2-23 recommendation made to the commissioner by the Caseload Standards
2-24 Advisory Committee under Section 5 of this Act in the strategic
2-25 plan of the agency that is the subject of the recommendation.
2-26 SECTION 5. CASELOAD STANDARDS ADVISORY COMMITTEE. (a) The
2-27 Caseload Standards Advisory Committee is composed of 10 members
3-1 appointed by the commissioner as follows:
3-2 (1) five employees of the Texas Department of Human
3-3 Services, including an employee in administration, a supervisory
3-4 employee, and a caseworker; and
3-5 (2) five employees of the Department of Protective and
3-6 Regulatory Services, including an employee in administration, a
3-7 supervisory employee, and a caseworker.
3-8 (b) The commissioner shall make appointments to the advisory
3-9 committee from a list submitted by the commissioner of human
3-10 services and the director of the Department of Protective and
3-11 Regulatory Services.
3-12 (c) Members of the advisory committee serve at the pleasure
3-13 of the commissioner.
3-14 (d) The advisory committee shall:
3-15 (1) review professional caseload standards and
3-16 recommend to the commissioner minimum and maximum caseloads for
3-17 each category of caseworker employed by the Texas Department of
3-18 Human Services or the Department of Protective and Regulatory
3-19 Services; and
3-20 (2) advise and make recommendations to the
3-21 commissioner on granting a caseworker employed by the Texas
3-22 Department of Human Services or the Department of Protective and
3-23 Regulatory Services the authority to waive certain reporting
3-24 standards when the caseworker's caseload exceeds the maximum number
3-25 established by the commissioner under Section 2 of this Act.
3-26 (f) The commissioner shall dissolve the advisory committee
3-27 when the commissioner determines that the advisory committee is no
4-1 longer necessary to develop and implement the standards required
4-2 under Section 2 of this Act.
4-3 (g) The advisory committee shall make its recommendations
4-4 under Subsection (d)(1) of this section to the commissioner not
4-5 later than March 1, 1994.
4-6 SECTION 6. ADOPTION OF RULES. The commissioner shall adopt
4-7 rules prescribing the standards required by Section 2 of this Act
4-8 not later than September 1, 1994.
4-9 SECTION 7. EFFECTIVE DATE. This Act takes effect September
4-10 1, 1993.
4-11 SECTION 8. EMERGENCY. The importance of this legislation
4-12 and the crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.