SRC-JFA S.B. 543 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 543
By: Barrientos
Health & Human Services
4-2-97
As Filed


DIGEST 

Currently, the commissioner of health and human services (commissioner)
does not have the authority to establish certain caseload standards for
each category of caseworkers employed by the Department of Human Services
(DHS) or the Department of Protective and Regulatory Services (DPRS).  DHS
and DPRS have recently experienced increasing strain and pressure due to
the rise in the number of persons who are eligible for services and
reports for investigation.  Questions have been raised concerning whether
the workload borne by caseworkers is too high to allow them to do an
adequate job.  This bill sets forth the establishment of caseload
standards advisory committees (committee) to advise and to make
recommendations to the commissioner relating to the establishment of
caseload standards for the caseworkers.  Additionally, this bill would
authorize the commissioner to establish caseload standards for the
caseworkers in light of a committee's recommendations.   

PURPOSE

As proposed, S.B. 543 sets forth the establishment of caseload standards
advisory committees for the Department of Human Services and the
Department of Protective and Regulatory Services to advise and make
recommendations to the commissioner of health and human services relating
to the establishment of caseload standards.     

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of health and human
services in SECTION 2 (Sec. 531.047, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 531.001, Government Code, to define "caseload
standards" and "professional caseload standards."  Makes conforming
changes.  

SECTION 2. Amends Chapter 531B, Government Code, by adding Section
531.047, as follows: 

Sec. 531.047. CASELOAD STANDARDS.  Authorizes the commissioner of health
and human services (commissioner) to establish certain caseload standards
for each category of caseworker employed by the Department of Human
Services (DHS) or the Department of Protective and Regulatory Services
(DPRS) after considering the recommendations of the caseload standards
advisory committees under Section 531.048(e).  Sets forth the required
conditions of the caseload standards established under this section.
Requires the commissioner and the executive director of DPRS to use the
established standards to determine the number of personnel to assign as
caseworkers for their respective agencies. Requires DHS and DPRS to use
the established standards to assign caseloads to individual caseworkers
employed by those agencies.  Requires the commissioner to include a
recommendation made by a caseload standards advisory committee under
Section 531.048(e) in the strategic plan of the agency that is the subject
of the recommendation.  Provides that nothing in this section creates a
cause of action.  

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

 Sec. 531.048. CASELOAD STANDARDS ADVISORY COMMITTEES.  Provides that a
caseload standards advisory committee (committee) is established in DPRS
and DHS.  Sets forth the required composition of a committee.  Requires
the commissioner to make appointments to a committee from a list submitted
by the commissioner or the executive director of the agency in which the
committee is established.  Provides that members of a committee serve at
the pleasure of the commissioner.  Sets forth the required duties of each
committee.  Requires the commissioner to dissolve a committee if the
commissioner determines that the committee is no longer needed to develop
and implement the standards required under Section 531.047(a).  Provides
that a committee is subject to Article 6252-33, V.T.C.S.  Provides that
nothing in this section creates a cause of action.  

SECTION 4. Requires a committee to make its recommendations under Section
531.048(e), Government Code, as added by this Act, no later than March 1,
1998.  Requires the commissioner to adopt rules prescribing the standards
required by Section 531.047(a), Government Code, as added by this Act, no
later than September 1, 1999.   

SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.