74R8643 CLG-F
By Naishtat, et al. H.B. No. 894
Substitute the following for H.B. No. 894:
By Naishtat C.S.H.B. No. 894
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. Section 1, Article 4413(502), Revised Statutes,
1-7 is amended to read as follows:
1-8 Sec. 1. Definitions. In this article:
1-9 (1) "Caseload standards" means the minimum and maximum
1-10 number of cases that an employee can reasonably be expected to
1-11 perform in a normal work month based on the number of cases handled
1-12 by or the number of different job functions performed by the
1-13 employee.
1-14 (2) "Commission" means the Health and Human Services
1-15 Commission.
1-16 (3) <(2)> "Commissioner" means the commissioner of
1-17 health and human services.
1-18 (4) "Professional caseload standards" means caseload
1-19 standards that are established or are recommended for establishment
1-20 for employees of health and human services agencies by an authority
1-21 or association, including the Child Welfare League, the National
1-22 Eligibility Workers Association, and the National Association of
1-23 Social Workers.
1-24 SECTION 2. Article 4413(502), Revised Statutes, is amended
2-1 by adding Section 22 to read as follows:
2-2 Sec. 22. CASELOAD STANDARDS. (a) After considering the
2-3 recommendations of the caseload standards advisory committees under
2-4 Section 23(e) of this article, the commissioner may establish
2-5 caseload standards and other standards relating to caseloads for
2-6 each category of caseworker employed by the Texas Department of
2-7 Human Services or the Department of Protective and Regulatory
2-8 Services.
2-9 (b) In establishing standards under this section, the
2-10 commissioner shall:
2-11 (1) ensure the standards are based on the actual
2-12 duties of the caseworker;
2-13 (2) ensure the caseload standards are reasonable and
2-14 achievable;
2-15 (3) ensure the standards are consistent with existing
2-16 professional caseload standards;
2-17 (4) consider standards developed by other states for
2-18 caseworkers in similar positions of employment; and
2-19 (5) ensure the standards are consistent with existing
2-20 caseload standards of other state agencies.
2-21 (c) Subject to the availability of funds appropriated by the
2-22 legislature, the commissioner of human services and the director of
2-23 the Department of Protective and Regulatory Services shall use the
2-24 standards established by the commissioner under this section to
2-25 determine the number of personnel to hire for their respective
2-26 agency.
2-27 (d) Subject to the availability of funds appropriated by the
3-1 legislature, the Texas Department of Human Services and the
3-2 Department of Protective and Regulatory Services shall use the
3-3 standards established by the commissioner to assign caseloads to
3-4 individual caseworkers employed by those agencies.
3-5 (e) The commissioner shall include a recommendation made to
3-6 the commissioner by a caseload standards advisory committee under
3-7 Section 23(e) of this article in the strategic plan of the agency
3-8 that is the subject of the recommendation.
3-9 SECTION 3. Article 4413(502), Revised Statutes, is amended
3-10 by adding Section 23 to read as follows:
3-11 Sec. 23. CASELOAD STANDARDS ADVISORY COMMITTEES. (a) A
3-12 caseload standards advisory committee is established in the
3-13 Department of Protective and Regulatory Services and a caseload
3-14 standards advisory committee is established in the Texas Department
3-15 of Human Services.
3-16 (b) A caseload standards advisory committee is composed of
3-17 10 employees appointed by the commissioner who are unit supervisors
3-18 or caseworkers in the agency in which the committee is established.
3-19 To the extent practicable, a caseload standards advisory committee
3-20 must include a unit supervisor or caseworker from each program area
3-21 of the agency in which the committee is established.
3-22 (c) The commissioner shall make appointments to a caseload
3-23 standards advisory committee from a list submitted by the
3-24 commissioner or the director of the agency in which the committee
3-25 is established.
3-26 (d) Members of a caseload standards advisory committee serve
3-27 at the pleasure of the commissioner.
4-1 (e) Each caseload standards advisory committee shall:
4-2 (1) review professional caseload standards and other
4-3 caseload standards and recommendations the committee considers
4-4 appropriate and recommend to the commissioner minimum and maximum
4-5 caseloads for each category of caseworker employed by the agency in
4-6 which the advisory committee is established; and
4-7 (2) advise and make recommendations to the
4-8 commissioner on granting the agency in which the advisory committee
4-9 has been established the authority to waive certain reporting
4-10 standards when the caseload of a caseworker employed by the agency
4-11 exceeds the maximum number established by the commissioner under
4-12 Section 22(a) of this article.
4-13 (f) The commissioner shall dissolve a caseload standards
4-14 advisory committee if the commissioner determines that the caseload
4-15 standards advisory committee is no longer necessary to develop and
4-16 implement the standards required under Section 22(a) of this
4-17 article.
4-18 SECTION 4. (a) A caseload standards advisory committee
4-19 shall make its recommendations under Section 23(e), Article
4-20 4413(502), Revised Statutes, as added by this Act, not later than
4-21 March 1, 1996.
4-22 (b) The commissioner of health and human services shall
4-23 adopt rules prescribing the standards required by Section 22(a),
4-24 Article 4413(502), Revised Statutes, as added by this Act, not
4-25 later than September 1, 1997.
4-26 SECTION 5. This Act takes effect September 1, 1995.
4-27 SECTION 6. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.