BILL ANALYSIS



S.B. 196
By: Barrientos (Naishtat)
05-18-95
Committee Report (Unamended)


BACKGROUND

The Texas Department of Human Services and the new Department of
Protective and Regulatory Services have recently experienced
increasing strain and pressure due to the rise in the number of
persons who are eligible for services and reports of cases for
investigation.  Due to the state's shrinking budgetary capacity,
the employees of these agencies often are forced to bear a heavier
burden.  Questions have been raised concerning whether the workload
borne by caseworkers is too high to allow them to do an adequate
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

As proposed, S.B. 196 requires the commissioner of the Department
of Health and Human Services to establish caseload standards for
caseworkers in the Texas Department of Human Services and
Department of Protective and Regulatory Services.

RULEMAKING AUTHORITY

It is the committee's opinion S.B. 196 grants rulemaking authority
to the commissioner of health and human services in SECTION 4(b) of
this Act.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1, Article 4413(502), V.T.C.S., as
follows:

Sec. 1.  DEFINITIONS.  Adds "caseload standards," and "professional
caseload standards" to the list of definitions.

SECTION 2. Amends Article 4413(502), V.T.C.S., by adding Section
22, as follows:

Sec. 22.  CASELOAD STANDARDS.  (a) Requires the commissioner of the
Department of Health and Human Services to ensure the provision of
adequate services by establishing caseload and other standards for
each category of caseworker employed by the Texas Department of
Human Services (DHS) or the Department of Protective and Regulatory
Services (DPRS).

(b) Sets forth requirements for the commissioner in establishing
caseload standards.

(c) Requires the commissioner of DHS and the director of DPRS to
use the standards established by the commissioner to determine,
subject to the availability of funds, the number of personnel to
hire for their respective agency.

(d) Requires DHS and DPRS to use the standards established by the
commissioner to assign caseloads to individual caseworkers.

(e) Requires the commissioner to include a recommendation made by
a caseload standards advisory committee (caseload committee) in the
strategic plan of the agency that is the subject of the
recommendation.

(f) Nothing in this section may be construed to create a cause of
action.

SECTION 3. Amends Article 4413(502), V.T.C.S., by adding 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 commissioner to make appointments to a caseload
committee from a list submitted by the commissioner or director of
the appropriate agency.

(d) Provides that members of the caseload committee serve at the
pleasure of the commissioner.

(e) Requires the caseload standards committee to review caseload
standards and make recommendations to the commissioner on numbers
of caseloads and on the ability of an agency to waive certain
reporting standards when the caseload of a worker exceeds the
maximum established number.

(f) Requires the commissioner to dissolve a caseload committee if
the commissioner determines the caseload committee is no longer
necessary.

SECTION 4. (a) Requires the caseload committee to make its
recommendations by March 1, 1996.

(b) Requires the commissioner to adopt rules prescribing caseload
standards by September 1, 1997.

SECTION 5. Effective date:  September 1, 1995.

SECTION 6. Emergency clause.


SUMMARY OF COMMITTEE ACTION

SB 196 by Barrientos was considered by the Human Services Committee
in a formal meeting on May 18, 1995.  SB 196 was reported favorably
without amendment with the recommendation that it do pass and be
printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.