| 1 | 1 | | 88R110 KKR-D |
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| 2 | 2 | | By: González of El Paso H.B. No. 245 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to community attendants under the community attendant |
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| 8 | 8 | | services program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 11 | 11 | | amended by adding Section 531.05115 to read as follows: |
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| 12 | 12 | | Sec. 531.05115. COMMUNITY ATTENDANT SERVICES PROGRAM: |
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| 13 | 13 | | FAMILY MEMBERS AS COMMUNITY ATTENDANTS. (a) In this section: |
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| 14 | 14 | | (1) "Community attendant services program" means the |
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| 15 | 15 | | community attendant services program described by Section 32.061, |
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| 16 | 16 | | Human Resources Code. |
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| 17 | 17 | | (2) "Consumer" has the meaning assigned by Section |
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| 18 | 18 | | 531.051. |
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| 19 | 19 | | (b) To the extent permitted by federal law, a community |
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| 20 | 20 | | attendant who provides services to a consumer under the community |
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| 21 | 21 | | attendant services program may be a family member of the consumer, |
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| 22 | 22 | | including the consumer's parent or spouse. |
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| 23 | 23 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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| 24 | 24 | | is amended by adding Section 32.0611 to read as follows: |
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| 25 | 25 | | Sec. 32.0611. COMMUNITY ATTENDANT SERVICES PROGRAM: |
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| 26 | 26 | | MINIMUM WAGE FOR COMMUNITY ATTENDANTS. Notwithstanding Section |
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| 27 | 27 | | 62.051 or 62.151, Labor Code, or any other law, a community |
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| 28 | 28 | | attendant providing services to a recipient under the community |
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| 29 | 29 | | attendant services program must be paid not less than the greater |
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| 30 | 30 | | of: |
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| 31 | 31 | | (1) $15 an hour; or |
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| 32 | 32 | | (2) the federal minimum wage under Section 6, Fair |
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| 33 | 33 | | Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 34 | 34 | | SECTION 3. If before implementing any provision of this Act |
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| 35 | 35 | | a state agency determines that a waiver or authorization from a |
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| 36 | 36 | | federal agency is necessary for implementation of that provision, |
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| 37 | 37 | | the agency affected by the provision shall request the waiver or |
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| 38 | 38 | | authorization and may delay implementing that provision until the |
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| 39 | 39 | | waiver or authorization is granted. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2023. |
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