CLC H.B. 1945 75(R)BILL ANALYSIS


HUMAN SERVICES
H.B. 1945
By: Naishtat
4-16-97
Committee Report (Unamended)



BACKGROUND 

Due to the increases in both the number of persons eligible for services
and the reports of cases for investigation, the Department of Protective
and Regulatory Services (DPRS) has experienced increased strain and
pressure.  Because of the state's shrinking budgetary capacity, the front
line employees of this agency are forced to bear a heavier burden.
Concerns have surfaced as to whether or not the workloads of caseworkers
is too high to allow them to do an adequate job for their clients. 

Conversely, the AFDC and Food Stamp programs in the Texas Department of
Human Services (TDHS) have experienced a decrease in caseload size.  Texas
has no performance measures or other standards specifying appropriate
caseloads that an employee may reasonably be expected to handle
efficiently and effectively during a normal work week.  As we require
state agencies to improve their performance, it is essential that they
have adequate information about what constitutes an appropriate caseload. 

PURPOSE

This bill would establish a caseload standards advisory committee 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 TDHS and DPRS.  The Health and Human Services
Commissioner would be authorized to consider these recommendations when
establishing caseload standards for the two agencies.  

RULEMAKING AUTHORITY

This bill grants rule making authority to the Health and Human Services
Commissioner in Section 4(b). 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 1, Sec. 531.001, Government Code, by 1)adding
"caseload standards," and "professional caseload standards" to the list of
definitions, 2) renumbering sections, and 3)replacing  "Hearing Impaired"
with "Hard of Hearing." 

SECTION 2.Amends Chapter 531, Government Code by adding Section 531.047
regarding caseload standards. 

(a)Allows the Health and Human Services Commissioner to ensure the
provision of adequate services by establishing caseload and other
standards for each category of caseworker employed by DHS or DPRS. 

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

(c)Requires the commissioner and the executive 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)States that nothing in this section may be construed to create a cause
of action. 

SECTION 3.Amends Subchapter B, Chapter 531, Government Code, by adding
Section 531.048 as follows: 

Sec. 531.048. 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 to 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. 

(g)Subjects, except as otherwise provided, the advisory committee to
Article 6252-33, Revised Statutes. 

(h)States that nothing in this section may be construed to create a cause
of action. 

SECTION 4.(a)Requires the caseload committee to make its recommendations
by March 1, 1998. 

(b)Requires the commissioner to adopt rules prescribing caseload standards
by September 1, 1999. 

SECTION 5.Effective Date:  September 1, 1997.

SECTION 6.Emergency Clause.