By: Barrientos S.B. No. 196
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment of caseload standards for certain
1-2 employees of the Texas Department of Human Services or the
1-3 Department of Protective and Regulatory Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 4413(502), Revised Statutes,
1-6 is amended to read as follows:
1-7 Sec. 1. Definitions. In this article:
1-8 (1) "Caseload standards" means the minimum and maximum
1-9 number of cases that an employee can reasonably be expected to
1-10 perform in a normal work month based on the number of cases handled
1-11 by or the number of different job functions performed by the
1-12 employee.
1-13 (2) "Commission" means the Health and Human Services
1-14 Commission.
1-15 (3) <(2)> "Commissioner" means the commissioner of
1-16 health and human services.
1-17 (4) "Professional caseload standards" means caseload
1-18 standards that are established or are recommended for establishment
1-19 for employees of health and human services agencies by management
1-20 studies conducted for health and human services agencies or by an
1-21 authority or association, including the Child Welfare League of
1-22 America, the National Eligibility Workers Association, the National
1-23 Association of Social Workers, and associations of state health and
1-24 human services agencies.
2-1 SECTION 2. Article 4413(502), Revised Statutes, is amended
2-2 by adding Section 22 to read as follows:
2-3 Sec. 22. CASELOAD STANDARDS. (a) After considering the
2-4 recommendations of the caseload standards advisory committees under
2-5 Section 23(e) of this article, the commissioner may establish
2-6 caseload standards and other standards relating to caseloads for
2-7 each category of caseworker employed by the Texas Department of
2-8 Human Services or the Department of Protective and Regulatory
2-9 Services.
2-10 (b) In establishing standards under this section, the
2-11 commissioner shall:
2-12 (1) ensure the standards are based on the actual
2-13 duties of the caseworker;
2-14 (2) ensure the caseload standards are reasonable and
2-15 achievable;
2-16 (3) ensure the standards are consistent with existing
2-17 professional caseload standards;
2-18 (4) consider standards developed by other states for
2-19 caseworkers in similar positions of employment; and
2-20 (5) ensure the standards are consistent with existing
2-21 caseload standards of other state agencies.
2-22 (c) Subject to the availability of funds appropriated by the
2-23 legislature, the commissioner of human services and the director of
2-24 the Department of Protective and Regulatory Services shall use the
2-25 standards established by the commissioner under this section to
2-26 determine the number of personnel to assign as caseworkers for
2-27 their respective agency.
3-1 (d) Subject to the availability of funds appropriated by the
3-2 legislature, the Texas Department of Human Services and the
3-3 Department of Protective and Regulatory Services shall use the
3-4 standards established by the commissioner to assign caseloads to
3-5 individual caseworkers employed by those agencies.
3-6 (e) The commissioner shall include a recommendation made to
3-7 the commissioner by a caseload standards advisory committee under
3-8 Section 23(e) of this article in the strategic plan of the agency
3-9 that is the subject of the recommendation.
3-10 (f) Nothing in this section may be construed to create a
3-11 cause of action.
3-12 SECTION 3. Article 4413(502), Revised Statutes, is amended
3-13 by adding Section 23 to read as follows:
3-14 Sec. 23. CASELOAD STANDARDS ADVISORY COMMITTEES. (a) A
3-15 caseload standards advisory committee is established in the
3-16 Department of Protective and Regulatory Services and a caseload
3-17 standards advisory committee is established in the Texas Department
3-18 of Human Services.
3-19 (b) A caseload standards advisory committee is composed of
3-20 10 employees appointed by the commissioner who are unit supervisors
3-21 or caseworkers in the agency in which the committee is established.
3-22 To the extent practicable, a caseload standards advisory committee
3-23 must include a unit supervisor or caseworker from each program area
3-24 of the agency in which the committee is established.
3-25 (c) The commissioner shall make appointments to a caseload
3-26 standards advisory committee from a list submitted by the
3-27 commissioner or the director of the agency in which the committee
4-1 is established.
4-2 (d) Members of a caseload standards advisory committee serve
4-3 at the pleasure of the commissioner.
4-4 (e) Each caseload standards advisory committee shall:
4-5 (1) review professional caseload standards and other
4-6 caseload standards and recommendations the committee considers
4-7 appropriate and recommend to the commissioner minimum and maximum
4-8 caseloads for each category of caseworker employed by the agency in
4-9 which the advisory committee is established; and
4-10 (2) advise and make recommendations to the
4-11 commissioner on granting the agency in which the advisory committee
4-12 has been established the authority to waive certain reporting
4-13 standards when the caseload of a caseworker employed by the agency
4-14 exceeds the maximum number established by the commissioner under
4-15 Section 22(a) of this article.
4-16 (f) The commissioner shall dissolve a caseload standards
4-17 advisory committee if the commissioner determines that the caseload
4-18 standards advisory committee is no longer necessary to develop and
4-19 implement the standards required under Section 22(a) of this
4-20 article.
4-21 (g) Nothing in this section may be construed to create a
4-22 cause of action.
4-23 SECTION 4. (a) A caseload standards advisory committee
4-24 shall make its recommendations under Subsection (e), Section 23,
4-25 Article 4413(502), Revised Statutes, as added by this Act, not
4-26 later than March 1, 1996.
4-27 (b) The commissioner of health and human services shall
5-1 adopt rules prescribing the standards required by Subsection (a),
5-2 Section 22, Article 4413(502), Revised Statutes, as added by this
5-3 Act, not later than September 1, 1997.
5-4 SECTION 5. This Act takes effect September 1, 1995.
5-5 SECTION 6. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.