| 1 | 1 | | 88R14322 BDP-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 4568 |
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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 establishing a base wage for personal attendants under |
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| 8 | 8 | | the community living assistance and support services (CLASS) waiver |
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| 9 | 9 | | program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 12 | 12 | | is amended by adding Section 32.077 to read as follows: |
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| 13 | 13 | | Sec. 32.077. COMMUNITY LIVING ASSISTANCE AND SUPPORT |
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| 14 | 14 | | SERVICES (CLASS) WAIVER PROGRAM: BASE WAGE FOR PERSONAL ATTENDANTS. |
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| 15 | 15 | | (a) Notwithstanding Section 62.051 or 62.151, Labor Code, or any |
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| 16 | 16 | | other law, a personal attendant providing personal assistance |
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| 17 | 17 | | services to a recipient under the community living assistance and |
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| 18 | 18 | | support services (CLASS) waiver program must be paid a base wage: |
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| 19 | 19 | | (1) for the state fiscal biennium beginning September |
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| 20 | 20 | | 1, 2023, equal to an amount that is not less than the greater of: |
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| 21 | 21 | | (A) $15 an hour; or |
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| 22 | 22 | | (B) the federal minimum wage under Section 6, |
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| 23 | 23 | | Fair Labor Standards Act of 1938 (29 U.S.C. Section 206); and |
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| 24 | 24 | | (2) for each subsequent state fiscal biennium, equal |
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| 25 | 25 | | to the greater of: |
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| 26 | 26 | | (A) the adjusted base wage determined in |
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| 27 | 27 | | accordance with Subsection (b); or |
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| 28 | 28 | | (B) the federal minimum wage under Section 6, |
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| 29 | 29 | | Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 30 | 30 | | (b) On August 1 of each odd-numbered year, the commission |
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| 31 | 31 | | shall determine the adjusted base wage applicable under Subsection |
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| 32 | 32 | | (a)(2)(A) for the next state fiscal biennium by increasing the base |
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| 33 | 33 | | wage being paid under Subsection (a) during that month by the |
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| 34 | 34 | | percentage increase, if any, in the Consumer Price Index for Urban |
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| 35 | 35 | | Wage Earners and Clerical Workers (CPI-W), published by the Bureau |
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| 36 | 36 | | of Labor Statistics of the United States Department of Labor for the |
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| 37 | 37 | | 24-month period ending the July 31 preceding that date. The |
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| 38 | 38 | | commission shall compute the adjusted base wage to the nearest |
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| 39 | 39 | | cent. |
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| 40 | 40 | | SECTION 2. If before implementing any provision of this Act |
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| 41 | 41 | | a state agency determines that a waiver or authorization from a |
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| 42 | 42 | | federal agency is necessary for implementation of that provision, |
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| 43 | 43 | | the agency affected by the provision shall request the waiver or |
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| 44 | 44 | | authorization and may delay implementing that provision until the |
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| 45 | 45 | | waiver or authorization is granted. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
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