1-1 By: Barrientos S.B. No. 196
1-2 (In the Senate - Filed January 12, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 22, 1995, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; February 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the establishment of caseload standards for certain
1-9 employees of the Texas Department of Human Services or the
1-10 Department of Protective and Regulatory Services.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1, Article 4413(502), Revised Statutes,
1-13 is amended to read as follows:
1-14 Sec. 1. Definitions. In this article:
1-15 (1) "Caseload standards" means the minimum and maximum
1-16 number of cases that an employee can reasonably be expected to
1-17 perform in a normal work month based on the number of cases handled
1-18 by or the number of different job functions performed by the
1-19 employee.
1-20 (2) "Commission" means the Health and Human Services
1-21 Commission.
1-22 (3) <(2)> "Commissioner" means the commissioner of
1-23 health and human services.
1-24 (4) "Professional caseload standards" means caseload
1-25 standards that are established or are recommended for establishment
1-26 for employees of health and human services agencies by an authority
1-27 or association, including the Child Welfare League of America, the
1-28 National Eligibility Workers Association, and the National
1-29 Association of Social Workers.
1-30 SECTION 2. Article 4413(502), Revised Statutes, is amended
1-31 by adding Section 22 to read as follows:
1-32 Sec. 22. CASELOAD STANDARDS. (a) After considering the
1-33 recommendations of the caseload standards advisory committees under
1-34 Section 23(e) of this article, the commissioner shall ensure the
1-35 provision of adequate and efficient services by establishing
1-36 caseload standards and other standards relating to caseloads for
1-37 each category of caseworker employed by the Texas Department of
1-38 Human Services or the Department of Protective and Regulatory
1-39 Services.
1-40 (b) In establishing standards under this section, the
1-41 commissioner shall:
1-42 (1) ensure the standards are based on the actual
1-43 duties of the caseworker;
1-44 (2) ensure the caseload standards are reasonable and
1-45 achievable;
1-46 (3) ensure the standards are consistent with existing
1-47 professional caseload standards; and
1-48 (4) consider standards developed by other states for
1-49 caseworkers in similar positions of employment.
1-50 (c) Subject to the availability of funds appropriated by the
1-51 legislature, the commissioner of human services and the director of
1-52 the Department of Protective and Regulatory Services shall use the
1-53 standards established by the commissioner under this section to
1-54 determine the number of personnel to hire for their respective
1-55 agency.
1-56 (d) Subject to the availability of funds appropriated by the
1-57 legislature, the Texas Department of Human Services and the
1-58 Department of Protective and Regulatory Services shall use the
1-59 standards established by the commissioner to assign caseloads to
1-60 individual caseworkers employed by those agencies.
1-61 (e) The commissioner shall include a recommendation made to
1-62 the commissioner by a caseload standards advisory committee under
1-63 Section 23(e) of this article in the strategic plan of the agency
1-64 that is the subject of the recommendation.
1-65 SECTION 3. Article 4413(502), Revised Statutes, is amended
1-66 by adding Section 23 to read as follows:
1-67 Sec. 23. CASELOAD STANDARDS ADVISORY COMMITTEES. (a) A
1-68 caseload standards advisory committee is established in the
2-1 Department of Protective and Regulatory Services and a caseload
2-2 standards advisory committee is established in the Texas Department
2-3 of Human Services.
2-4 (b) A caseload standards advisory committee is composed of
2-5 10 employees appointed by the commissioner who are unit supervisors
2-6 or caseworkers in the agency in which the committee is established.
2-7 To the extent practicable, a caseload standards advisory committee
2-8 must include a unit supervisor or caseworker from each program area
2-9 of the agency in which the committee is established.
2-10 (c) The commissioner shall make appointments to a caseload
2-11 standards advisory committee from a list submitted by the
2-12 commissioner or the director of the agency in which the committee
2-13 is established.
2-14 (d) Members of a caseload standards advisory committee serve
2-15 at the pleasure of the commissioner.
2-16 (e) Each caseload standards advisory committee shall:
2-17 (1) review professional caseload standards and other
2-18 caseload standards and recommendations the committee considers
2-19 appropriate and recommend to the commissioner minimum and maximum
2-20 caseloads for each category of caseworker employed by the agency in
2-21 which the advisory committee is established; and
2-22 (2) advise and make recommendations to the
2-23 commissioner on granting the agency in which the advisory committee
2-24 has been established the authority to waive certain reporting
2-25 standards when the caseload of a caseworker employed by the agency
2-26 exceeds the maximum number established by the commissioner under
2-27 Section 22(a) of this article.
2-28 (f) The commissioner shall dissolve a caseload standards
2-29 advisory committee if the commissioner determines that the caseload
2-30 standards advisory committee is no longer necessary to develop and
2-31 implement the standards required under Section 22(a) of this
2-32 article.
2-33 SECTION 4. (a) A caseload standards advisory committee
2-34 shall make its recommendations under Subsection (e), Section 23,
2-35 Article 4413(502), Revised Statutes, as added by this Act, not
2-36 later than March 1, 1996.
2-37 (b) The commissioner of health and human services shall
2-38 adopt rules prescribing the standards required by Subsection (a),
2-39 Section 22, Article 4413(502), Revised Statutes, as added by this
2-40 Act, not later than September 1, 1997.
2-41 SECTION 5. This Act takes effect September 1, 1995.
2-42 SECTION 6. The importance of this legislation and the
2-43 crowded condition of the calendars in both houses create an
2-44 emergency and an imperative public necessity that the
2-45 constitutional rule requiring bills to be read on three several
2-46 days in each house be suspended, and this rule is hereby suspended.
2-47 * * * * *