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The 82nd Texas Legislature: Update and Implications for Social

Workers

Susan P. Milam, Ph.D., LMSWDirector of Government Relations

National Association of Social Workers/Texas ChapterJune 25, 2011www.naswtx.org

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Today’s Agenda

NASW/Texas Legislative Update – Dr. Sue Milam

Healthcare – Dr. Ed Codina Juvenile Probation – Richard Garcia Homeless – Erika Hizel Aging – Alvin Loewenberg Children – India Chumney U.S. Legislative Update – Congressman

Lloyd Doggett

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National Association of Social Workers/Texas Chapter Board

NASW/Texas will advocate for actions that will enable professional social workers to provide high quality, effective services to strengthen Texas communities.

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Social Workers are critical to assist Texans

obtain, retain, or regain their

independence and self-sufficiency.

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Ethics Our ethics of social justice and political advocacy

make us different from other disciplines

Our mission is to enhance well-being and help to meet the basic needs of all persons, especially those who are vulnerable, oppressed, and living in poverty

We promote social justice and social change with and

on behalf of our clients

Our core values: service, social justice, dignity and worth of the person, importance of human relationships, integrity, competence

Political action, lobbying, and advocacy thus is a unique and essential component to social work

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Social Workers in Politics

Necessary to reassert our role in social welfare policy

Necessary to represent populations who are marginalized and hold little power

Necessary to stabilize authority, rights, and power for the social work profession

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Social Workers and the Democratic Process

“In a democracy, where every vote and voice count, doing nothing is a political act.”

Nancy Amidei

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Basic Legislative Process

1. Representative drafts bill and files it.2. Speaker of the House assigns bill to a

committee.3. Committee chair schedules a hearing to

hear public testimony for the bill.4. Committee issues favorable report on bill.

Goes to House floor.5. House votes on bill. If it passes, goes to

Senate. Start at Step 2 in the Senate.6. Senate passes bill.7. Governor signs bill.

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General Facts about the Texas Legislature

There are 150 Texas Representatives

There are 31 Texas Senators

Both houses are in session for 5 months (January thru May) every odd year

In 2011, 5,796 bills were filed; 1,387 passed Nearly 80% of all House bills died About 70% of all Senate bills died 26% of Republican bills (797) and 19% of Democratic

bills (585) were sent to the governor Governor Rick Perry vetoed 24

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Texas 82nd Legislature Demographics

House Senate

Male 118 25 Female 32 6

Democratic 49 12

Republican 101 19

Incumbent 125 29 Freshman 26 2

Caucasian 103 22 African-American 17 2 Hispanic 28 7 Asian-American 2 0

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Social Workers in the Texas Legislature

Elliott Naishtat, Texas Representative

o He has served District 49 in Austin since 1990

o Holds social work and law degreeso Worked as VISTA volunteer for LBJ’s

War on Poverty

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Legislation Originated by NASW/Texas H.B. 1779, by Representative Elliott

Naishtat (S.B. 1188, by Senator Watson) – Private Investigator License

H.B. 823, by Rep. Jessica Farrar (S.B. 1090, by Senator Rodriguez) – Liability Protection

H.B. 2068, by Rep. Elliott Naishtat, (SB 1023, by Senator Rodriguez) – Social Work Center for Workforce Studies

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NASW/Texas 2011 Legislative Agenda – How We Fared

1. Establish pay levels of entry-level baccalaureate social workers (BSWs) that are comparable to entry-level baccalaureate teacher pay levels.

Given that no bill with a fiscal note (that cost money) was being considered for this session, we were not able to accomplish this goal. However, HB 753 by Raymond includes a study of the impact of salary on retention of CPS workers. We will continue to educate leadership and advocate for change on this level in the future.

2. Create a social worker loan repayment program (possibly funded by tobacco settlement funds).

Although we did not have legislation that addressed this during the legislative session, we are advocating for this issue to be considered as an interim study item for the Senate Higher Education Committee.

3. Establish a Social Work Center for Workforce Studies (possibly funded by a surcharge on social work licensing fees).

H.B. 2068, by Rep. Naishtat, (SB 1023, by Senator Rodriguez) - This bill establishes a Social Work Center for Workforce Studies. Attached to the Department of State Health Services, staff would conduct research on issues concerning the employment of social workers in Texas: workforce trends, areas of practice, workplace and work environment issues, compensation and benefits, professional challenges. This bill passed out of the House Human Services Committee, but died in House Calendars. We will explore other avenues to establish the center during the interim.

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NASW/Texas 2011 Legislative Agenda – How We Fared

4. Fund research at Texas Schools of Social Work.

Given that no bill with a fiscal note was being considered, we were not able to accomplish this goal; We will continue to educate leadership and advocate for change on this level in the future.

5. Include social workers as providers of any and all services for which they are trained (assessment, diagnosis, treatment, testimony in court proceedings).

HB 164 – Rep. Raymond agreed to include Social Workers as providers of evaluations of youth in the juvenile justice system, but unfortunately, this bill did not pass. HB 1994- Rep. Weber agreed to introduce a substitute that included Social Workers as providers in this first offender prostitution prevention program bill – PASSEDHB 1797, by Rep. Naishtat – Allows people to sit for the Social Work licensing exam if they are from a school that is a candidate for Social Work accreditation. We testified for this bill – PASSEDHB 2229 – Rep. Coleman passed a bill that creates an HIV Medication Advisory Committee with a designated slot for a social worker.

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NASW/Texas 2011 Legislative Agenda – How We Fared

6. Raise the classification level of social work positions in state government.

Though we laid the foundation for change on this level by educating legislators about what social workers do and the value that goes along with that, we were not able to have the classification level raised. We will continue to push forward with this during the interim.

7. Work with our partners and coalitions to ensure appropriate funding for social service programs in the state budget.

We worked with Texas Forward, Texans Care For Children, Mental Health Association of Texas, and the Texas Child Protection Roundtable, to name a few, to fight draconian budget cuts and preserve valuable social service programs. While many programs were cut, we did have some successes. (See bill list below).

8. Hire licensed professionals (including social workers) in state agencies and nonprofits.

HB 753, by Rep. Raymond– NASW/TX was able to get Rep. Raymond to include hiring preferences for Social Workers as entry-level caseworkers - PASSED

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NASW/Texas 2011 Legislative Agenda – How We Fared

9. Give preference in hiring to and employ effective retention strategies for social workers in Protective Services entry-level positions.

HB 753, by Rep. Raymond– See above

10. Enact liability protections for social workers who serve as volunteers during a disaster and exempt social workers from being licensed as private investigators when performing the work of a mitigation specialist.

H.B. 823, by Rep. Farrar (S.B. 1090, by Senator Rodriguez). A bill that limits the liability of Social Workers who volunteer for charitable organizations. It adds a licensed social worker or a retired social worker to the definition of “volunteer health care provider” under the Texas Charitable Immunity and Liability Act of 1987. This will protect social workers as volunteers from civil liability, thereby encouraging volunteers to perform essential services on behalf of charitable organizations in a time of need. This bill passed out of the House Judiciary and Civil Jurisprudence Committee, but unfortunately died on the House floor on a point of order.H.B. 1779, by Representative Elliott Naishtat (S.B. 1188, by Senator Watson). A bill that exempts social workers from being licensed as a private investigator when performing the work of a mitigation specialist. – PASSED

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Other Legislation Directly Related to Social Workers

HB 285, Rep. Lucio III – Relating to the employment of certified counselors by school districts. We lobbied to get the Representative to introduce a substitute that would allow school districts to hire a Social Worker in lieu of a Counselor, if the need existed. Unfortunately, this bill did not receive a hearing.

HB 1192, Rep. Castro – Relating to the requirement and study of insurance coverage for serious emotional disturbance of a child. We spoke to staff to advocate for a substitute to include Social Workers as providers in this bill. The bill did not pass, but staff agreed to include us in future discussions.

HB 1797, by Rep. Naishtat – Allows people to sit for the Social Work licensing exam if they are from a school that is a candidate for Social Work accreditation. We testified for this bill in its original form. Sen. Huffman added the text of HB 3331 (see below) which NASW/TX was neutral on – the entire bill PASSED.

HB 3331, by Rep. Coleman – Relating to the exemption of certain persons who teach social work at institutions of higher education from the licensing requirements for Social Workers. This bill was successfully amended onto HB 1797, by Rep. Naishtat (above).

SB 243, by Sen. Patrick – Relating to the re-establishment of the Texas Bleeding Disorders Advisory Council. Adds a Social Worker to the Council – did not pass.

SB 681, by Sen. West – Relating to the establishment of a task force to study the assessments of children in the child welfare system. Includes an NASW member on the task force – Did not pass

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Social Work Practice Areas Impacted by Legislation

Child Welfare Mental Health Substance Abuse Poverty Aging/Geriatrics Healthcare Veterans Services Schools Juvenile Justice Homelessness Social Justice Immigration Community Development

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Budget Legislation – HB 1 Cuts Medicaid reimbursement rate for social workers by 5% Funding for CPS direct delivery staff slightly increased from

2010-2011 levels Cuts Prevention and Early Intervention funding by 30%; Cuts

other At-risk Prevention programs by 74% Restores funding to Nurse-Family Partnership Holds most state agency programs to 2010-2011 levels Creates Texas Juvenile Justice Department Decreases the average number of Early Childhood

Intervention (ECI), requiring DARS to narrow eligibility Cuts public education by $4 billion Increases Crime Victim Compensation funds by $4 million Does not cut rates for doctors, dentists, nursing facilities or

community care Maintains current state and community mental health

hospital bed capacity Underfunds Medicaid services by $4.8 billion

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How to Do Grassroots Advocacy:

Advocate: to speak or write in favor of; support or urge by argument; recommend publicly

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Advocacy/Lobbying Strategies and Skills

Use other Social Workers as your power base. Inform your legislator that other Social Workers

are involved in the same process. Know your issue thoroughly. Anticipate oppositional claims and formulate

persuasive rebuttals. Think about if the issue you address is better

attacked through incremental or fundamental changes.

It takes small steps to get to a big goal.

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What Can I Do…

As an individual: V O T E ! Write letters, make phone calls, sign petitions

to include on line, e-mail, and visit my representative and senator

TELL A FRIEND about this issue, and get their support to include on-line buddies.

Join/Invite others to join NASW. Join NASW/TX “Take Action Now” List serve Get involved in a candidate’s race Run for public office! Join a NASW Critical Issue Advisory

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What Can We Do . . .

As part of a statewide movement: Be an advocate for your area of interest Plan on attending advocacy days when they are

held Plan on attending a local advocacy activity if you

can’t come to the Capitol Testify at public hearings – in writing or in person

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Possible Local Social Work Advocacy Day/Social Work Month Activities

Request citation from City Council or Commissioner’s Court on local social work contributions to the community; have a social work contingency receive that citation at a council or court meeting that week

Have a letter writing campaign (letters to the editor) to the local paper regarding the many ways social work impacts the community

Host a benefit for a local charity using a local personality and featuring social work/social workers

Ask local paper or news outlet to do a feature on social work Do a project that gets media attention such as painting someone’s

house, getting blankets or socks for the homeless, providing a dinner to the elderly, repairing someone’s home, helping with people’s taxes, etc.

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Possible Local Social Work Advocacy Day/Social Work Month Activities continued

Have a Guinness Book of Records attempt, like the most social workers who volunteer at local schools in a day, etc.

Use a major news story of the day or week to point out how social workers can impact that situation for the better

In groups of 3-4, meet with every City Council Member and Commissioner’s Court Member in your community and talk about social work

In groups of 3-4, meet with every state representative and senator in your district(s)

Buy a billboard and promote social work for the day or month

Create a mural about social work and display it at a local mall or gathering place

Compile a book of testimonials from clients who appreciate the work of social workers

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Possible Local Social Work Advocacy Day/Social Work Month Activities continued

Reach out to employers who employ lots of social workers and ask for their cooperation and involvement

Give a “Good for Texas” award to a local official or personality who has supported social workers in the past

Have branch members sign a petition in favor of a particular issue and send it to state representatives and senators

Create some local statistics that you can use to impress the public, for example, # of vets receiving services from social workers, # of students seen daily by school social workers, # of elderly receiving APS visits, # of people placed by nursing home social workers, # of mental health visits daily, etc.

Make up your own!!!

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What Does a Texas Social Work Advocate Look Like?

Meet April Young, UT School of Social Work MSW student, who chaired the 2011 NASW/Texas Advocacy Day

Committee