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