BILL ANALYSIS



C.S.H.B. 894
By: Naishtat
04-03-95
Committee Report (Substituted)


BACKGROUND

     The Texas Department of Human Services (DHS) and the
Department of Protective and Regulatory Services (DPRS) have
experienced increasing strain and pressure due to the rise in the
number of persons eligible for services and cases reported for
investigation.  With the state's shrinking budgetary capacity,
front-line employees of these agencies often are forced to bear an
unwieldy burden.  

     Texas has been sanctioned by the federal government heavily
for high error rates in the Aid to Families with Dependent Children
(AFDC) and food stamp programs.  Questions have been raised
concerning whether the workload borne by caseworkers is too high to
allow them to do an adequate -- much less accurate -- job.   Texas
has no performance measures or other standards regarding what
constitutes an appropriate caseload that an employee can reasonably
be expected to handle efficiently and effectively during a normal
work week.


PURPOSE

     H.B. 894 would establish two agency caseload standards
advisory committees to review the number and types of cases handled
by caseworkers and to make recommendations regarding maximum and
minimum caseload standards for workers employed by DHS and DPRS. 
The Commissioner of Health and Human Services would be authorized
to consider these recommendations when establishing caseload
standards for the two agencies. 


RULEMAKING AUTHORITY

     H.B. 894 grants to Commissioner of Health and Human Services
the authority to adopt rules in Section 4(b). 


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1, Article 4413(502), Revised Statutes,
by adding "caseload standards" and "professional caseload
standards" to the list of definitions.

SECTION 2.  Amends Article 4413(502), Rev. Stat. by adding new
Section 22, to read as follows:

Sec. 22.  (a)  Permits the Commissioner of Health and Human
Services to establish caseload and other standards for each
category of caseworker employed by DHS and DPRS, after
consideration of the advisory committees' recommendations.

(b)  Sets forth requirements for the Health & Human Services (HHS)
Commissioner in establishing caseload standards.

(c)  Subject to the availability of funds, requires the heads of
DHS and DPRS to use the standards established by the HHS
Commissioner to determine the number of personnel to hire for their
respective agencies.

(d)  Subject to the availability of funds, requires DHS and DPRS to
use the standards established by the HHS Commissioner to assign
caseloads to individual agency caseworkers.

(e)  Requires the HHS Commissioner to include recommendations of
the caseload standards advisory committees in agency strategic
plans.

SECTION 3.  Amends Article 4413(502), Rev. Stat. by adding new
Section 23 as follows:

Sec. 23.  CASELOAD STANDARDS ADVISORY COMMITTEES.  (a) Establishes
caseload committees in DHS and DPRS.

(b)  Sets forth requirements for the composition of the caseload
committee.

(c)  Requires the HHS Commissioner to make appointments to the
advisory committee based on lists submitted by the heads of DHS and
DPRS.

(d)  Permits members of the advisory committees to serve at the
pleasure of the HHS Commissioner.

(e)  Requires the advisory committees to review caseload standards
and make recommendations to the HHS Commissioner on maximum and
minimum caseloads, and on waiving certain reporting standards when
a worker's caseload exceeds the maximum.

(f)  Requires the HHS Commissioner to dissolve an advisory
committee if he or she determines the body is no longer necessary.

SECTION 4.  (a)  Requires advisory committees to make
recommendations by March 1, 1996.  (b)  Requires the HHS
Commissioner to adopt rules prescribing caseload standards by
September 1, 1997.

SECTION 5.  Effective date, September 1, 1995.
SECTION 6.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     In the substitute, Section 22(a) was changed to allow the
Health & Human Services Commissioner to establish caseload
standards, but not require him or her to do so.  The substitute
also added Section 22(b)(5) to ensure that the established
standards are consistent with those of other state agencies.


SUMMARY OF COMMITTEE ACTION

     The Human Services Committee considered H.B. 894 in a public
hearing on March 20, 1995.  A complete substitute for the bill was
offered.  The following witnesses testified for H.B. 894:  Shannon
Noble, Texas Network of Youth Services; Jere Locke, Texas State
Employees Union; Mike Bright, ARC of Texas; James Templeton, ADAPT,
Austin.  The following witness testified as neutral on H.B. 894: 
Susan Watkins, Dept. of Protective and Regulatory Services.  No one
testified against H.B. 894.  The substitute was withdrawn and H.B.
894 was left pending.

On April 3, 1995, the committee took up H.B. 894 which had been
pending.  Rep. Naishtat offered a committee substitute for H.B.
894.  The substitute was adopted without objection.  Rep. Maxey
moved to report H.B. 894 favorably as substituted and the motion
prevailed by a record vote of 9 ayes, 0 nays, 0 PNV, 0 absent.