By Barrientos                                    S.B. No. 543

      75R3381 CLG-D                           

                                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 531.001, Government Code, is amended to

 1-7     read as follows:

 1-8           Sec. 531.001.  DEFINITIONS.  In this chapter:

 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) [(3)]  "Health and human services agencies"

1-19     includes the:

1-20                       (A)  Interagency Council on Early Childhood

1-21     Intervention Services;

1-22                       (B)  Texas Department on Aging;

1-23                       (C)  Texas Commission on Alcohol and Drug Abuse;

1-24                       (D)  Texas Commission for the Blind;

 2-1                       (E)  Texas Commission for the Deaf and Hard of

 2-2     Hearing [Impaired];

 2-3                       (F)  Texas Department of Health;

 2-4                       (G)  Texas Department of Human Services;

 2-5                       (H)  Texas Juvenile Probation Commission;

 2-6                       (I)  Texas Department of Mental Health and Mental

 2-7     Retardation;

 2-8                       (J)  Texas Rehabilitation Commission; and

 2-9                       (K)  Department of Protective and Regulatory

2-10     Services.

2-11                 (5)  "Professional caseload standards" means caseload

2-12     standards that are established or are recommended for establishment

2-13     for employees of health and human services agencies by management

2-14     studies conducted for health and human services agencies or by an

2-15     authority or association, including the Child Welfare League of

2-16     America, the National Eligibility Workers Association, the National

2-17     Association of Social Workers, and associations of state health and

2-18     human services agencies.

2-19           SECTION 2.  Subchapter B, Chapter 531, Government Code, is

2-20     amended by adding Section 531.047 to read as follows:

2-21           Sec. 531.047.  CASELOAD STANDARDS.   (a)  After considering

2-22     the recommendations of the caseload standards advisory committees

2-23     under Section 531.048(e),  the commissioner may establish caseload

2-24     standards and other standards relating to caseloads for each

2-25     category of caseworker employed by the Texas Department of Human

2-26     Services or the Department of Protective and Regulatory Services.

2-27           (b)  In establishing standards under this section, the

 3-1     commissioner shall:

 3-2                 (1)  ensure the standards are based on the actual

 3-3     duties of the caseworker;

 3-4                 (2)  ensure the caseload standards are reasonable and

 3-5     achievable;

 3-6                 (3)  ensure the standards are consistent with existing

 3-7     professional caseload standards;

 3-8                 (4)  consider standards developed by other states for

 3-9     caseworkers in similar positions of employment; and

3-10                 (5)  ensure the standards are consistent with existing

3-11     caseload standards of other state agencies.

3-12           (c)  Subject to the availability of funds appropriated by the

3-13     legislature, the commissioner of human services and the executive

3-14     director of the Department of Protective and Regulatory Services

3-15     shall use the standards established by the commissioner under this

3-16     section to determine the number of personnel to assign as

3-17     caseworkers for their respective agencies.

3-18           (d)  Subject to the availability of funds appropriated by the

3-19     legislature, the Texas Department of Human Services and the

3-20     Department of Protective and Regulatory Services shall use the

3-21     standards established by the commissioner to assign caseloads to

3-22     individual caseworkers employed by those agencies.

3-23           (e)  The commissioner shall include a recommendation made to

3-24     the commissioner by a caseload standards advisory committee under

3-25     Section 531.048(e)  in the strategic plan of the agency that is the

3-26     subject of the recommendation.

3-27           (f)  Nothing in this section may be construed to create a

 4-1     cause of action.

 4-2           SECTION 3.  Subchapter B, Chapter 531, Government Code, is

 4-3     amended by adding Section 531.048 to read as follows:

 4-4           Sec. 531.048.  CASELOAD STANDARDS ADVISORY COMMITTEES.

 4-5     (a)  A caseload standards advisory committee is established in the

 4-6     Department of Protective and Regulatory Services, and a caseload

 4-7     standards advisory committee is established in the Texas Department

 4-8     of Human Services.

 4-9           (b)  A caseload standards advisory committee is composed of

4-10     10 employees appointed by the commissioner who are unit supervisors

4-11     or caseworkers in the agency in which the committee is established.

4-12     To the extent practicable, a caseload standards advisory committee

4-13     must include a unit supervisor or caseworker from each program area

4-14     of the agency in which the committee is established.

4-15           (c)  The commissioner shall make appointments to a caseload

4-16     standards advisory committee from a list submitted by the

4-17     commissioner or the executive director of the agency in which the

4-18     committee is established.

4-19           (d)  Members of a caseload standards advisory committee serve

4-20     at the pleasure of the commissioner.

4-21           (e)  Each caseload standards advisory committee shall:

4-22                 (1)  review professional caseload standards and other

4-23     caseload standards and recommendations the committee considers

4-24     appropriate and recommend to the commissioner minimum and maximum

4-25     caseloads for each category of caseworker employed by the agency in

4-26     which the advisory committee is established; and

4-27                 (2)  advise and make recommendations to the

 5-1     commissioner on granting the agency in which the advisory committee

 5-2     has been established the authority to waive certain reporting

 5-3     standards when the caseload of a caseworker employed by the agency

 5-4     exceeds the maximum number established by the commissioner under

 5-5     Section 531.047(a).

 5-6           (f)  The commissioner shall dissolve a caseload standards

 5-7     advisory committee if the commissioner determines that the caseload

 5-8     standards advisory committee is no longer necessary to develop and

 5-9     implement the standards required under Section 531.047(a).

5-10           (g)  Except as otherwise provided by this section, a caseload

5-11     standards advisory committee is subject to Article 6252-33, Revised

5-12     Statutes.

5-13           (h)  Nothing in this section may be construed to create a

5-14     cause of action.

5-15           SECTION 4.  (a)  A caseload standards advisory committee

5-16     shall make its recommendations under Section 531.048(e), Government

5-17     Code, as added by this Act, not later than March 1, 1998.

5-18           (b)  The commissioner of health and human services shall

5-19     adopt rules prescribing the standards required by Section

5-20     531.047(a), Government Code, as added by this Act, not later than

5-21     September 1, 1999.

5-22           SECTION 5.  This Act takes effect September 1, 1997.

5-23           SECTION 6.  The importance of this legislation and the

5-24     crowded condition of the calendars in both houses create an

5-25     emergency and an imperative public necessity that the

5-26     constitutional rule requiring bills to be read on three several

5-27     days in each house be suspended, and this rule is hereby suspended.