The 82nd Texas Legislature: Update and Implications for Social Workers Susan P. Milam, Ph.D., LMSW Director of Government Relations National Association of Social Workers/Texas Chapter July 22, 2011

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.

The Message Social Workers are critical to assist Texans obtain, retain, or regain their independence and self-sufficiency.

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

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

Social Workers and the Democratic Process “In a democracy, where every vote and voice count, doing nothing is a political act.” Nancy Amidei

Basic Legislative Process Representative drafts bill and files it. Speaker of the House assigns bill to a committee. Committee chair schedules a hearing to hear public testimony for the bill. Committee issues favorable report on bill. Goes to House floor. House votes on bill. If it passes, goes to Senate. Start at Step 2 in the Senate. Senate passes bill. Governor signs bill. Maybe a flow chart would be better. The Texas system is basically the same as what’s presented in the video. The main exception is that the committee hearing is a public hearing, and anyone may testify. Make sure you mention this! At a public hearing, you sign in to testify and you have a couple options: 1) just mark on the form whether you are for or against this bill or 2) sign in to actually speak in front of the committee. Last session, when the Non-Discrimination in Education Bill was heard in the Public Education Committee, we got 18 people to sign the form saying they’re in favor of the bill, and 12 people to actually verbally testify. These are HUGE numbers – generally only a couple people show up for the average bill.

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 I’m telling you this not just to provide boring facts. Each point on here is crucial to understanding what being a legislator is like, and I’ve included each of these here for a reason. Number of Reps and Senators: these numbers are set in the Texas Constitution and cannot change until the constitution is rewritten. That means that, as the population grows, the numbers of reps and senators does not experience a corresponding growth, and each representative and senator represents a larger number of people. So, each session, they must be accountable to a larger number of people and have a larger base of constituents with whom they must remain in touch. Length of Session: they are under enormous pressure – they must fit in 2 years of work into 5 months, which means those five months are tremendously stressful, and time is valuable. Don’t waste their time. No other state the size of Texas has session only every other year. Again, this is set in the state constitution, and believe me the legislators would like to change this if possible. Number of bills: Our bill is one among many that they have only a short time to consider. If you say “Vote for House Bill 1296,” they aren’t going to have a clue what you mean. We have to make things as easy as possible, and assume each time we meet them that they haven’t heard of this bill yet.

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

Social Workers in the Texas Legislature Elliott Naishtat, Texas Representative He has served District 49 in Austin since 1990 Holds social work and law degrees Worked as VISTA volunteer for LBJ’s War on Poverty

NASW/Texas 2011 Legislative Agenda – How We Fared 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.

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 – PASSED 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 – PASSED HB 2229 – Rep. Coleman passed a bill that creates an HIV Medication Advisory Committee with a designated slot for a social worker.

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, Juvenile Justice Roundtable, 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. 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

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

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

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

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

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

Interim Issues to Address Reimbursement/Compensation Increased reimbursement for 90801 Public sector salaries Loan Repayment Underserved areas Rural and border communities Practice areas experiencing high growth Social Work Center for Workforce Studies Monitor social work practice trends Advise policy makers on workforce issues Funded by surcharge on license fees Effectiveness Research Liability Protection School Social Worker Opportunities Witness Tampering Protection Funding for Health and Human Services & Education Protecting our Professional Realm Grassroots Advocacy

Involvement of NASW/Texas Leadership Turn passion for social work into passion for advocacy Learn how Lead your steering committee Lead your branch Involve your membership Make a difference

How to Do Grassroots Advocacy: Advocate: to speak or write in favor of; support or urge by argument; recommend publicly How to Lobby: Grassroots Advocacy Training Manual INTRODUCTION: Introduce yourself. Introduce the training, standard presentation – 1) tell the people what your going to tell them, 2) tell them, 3) then tell them what you told them. This training falls in line with our conference them of Education, Motivation, and Empowerment. We’re not just going to tell them how to lobby. Our goal with the training is for you to leave saying, “Gee, this stuff’s so easy, I can’t believe I’ve never done this before. Let’s go round up some friends to visit our representatives.” We want you to leave wanting to lobby, and that includes motivating and empowering participants, as well as educating them. So, the general flow of the training: First, we’ll address why people don’t lobby and some of the misconceptions and myths about lobbying. We’re taking away peoples’ excuses. Second, we’ll explain a bit about the legislative process and how lobbying fits into that process (if people groan, let them know they’ll be watching a grade school cartoon.) Third, we’ll cover lobbying actions. Fourth, we’ll introduce you to your legislators and how they’ve voted in the past. Finally, we’ll leave them to discuss what they can do next session within their own region. First ask participants what are your opinions are about lobbying? What do they think it means? What do they think of when they hear the word “lobby”? ( Go through this fast – this is just an introductory exercise to bring out any preconceptions they may have.) Make sure you tell them that lobbying just means any attempt to influence the thinking of public officials, and that anyone can do it.

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.

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

What Can Our Membership 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 Contact Sue Milam and discus with her the areas you feel most passionate about and have an area of proficiency in representing so that she may inform you of the need for you to testify at public hearings. You can also utilize the relationships that you build with the elected official or their staff and let them know you are available to help by providing a public testimony. This testimony can be in written form or supported with written documentation as evidence. Be careful when you testify. Since legislators have very little time and will be annoyed if we take up too much of it with repeat testimony. The desire is to have NO repeat testimony. This does not include written testimony, especially from those directly affected by the issue. We also want t a lot of people to give written testimony to include completing a witness form and check the box that indicates the Bill you are or not in favor of.

What Can NASW/Texas Leadership Do ? Lead the way to make Texas a better place for the social work profession, for social workers, and for individuals, families and communities. Contact Sue Milam and discus with her the areas you feel most passionate about and have an area of proficiency in representing so that she may inform you of the need for you to testify at public hearings. You can also utilize the relationships that you build with the elected official or their staff and let them know you are available to help by providing a public testimony. This testimony can be in written form or supported with written documentation as evidence. Be careful when you testify. Since legislators have very little time and will be annoyed if we take up too much of it with repeat testimony. The desire is to have NO repeat testimony. This does not include written testimony, especially from those directly affected by the issue. We also want t a lot of people to give written testimony to include completing a witness form and check the box that indicates the Bill you are or not in favor of.

Advocacy Packet and Schedule Individual legislator information Issue summaries Letter templates Petition templates Phone call scripts Postcards Action plan List of activities

Postcard Advocacy U. S. Officials State Officials Sen. Cornyn Sen. Hutchison Your Member in Congress State Officials Governor Perry Your Representative Your Senator

Setting an Appointment

Practicing the Conversation

2011-12 Legislative Action Plan Aug – Preparation Sept – Set appt. Oct – Visit! Nov – Thank you notes Dec – Holiday Greetings Jan – Branch mtgs. Feb – Letter writing Mar – Identify candidates & issues April – Local election work May – Letter writing June – Visit!

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.

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

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!!!

What Does a Texas Social Work Advocate Look Like?