| 1 | 1 | | By: Goodwin H.B. No. 3105 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to establishing a minimum base wage for certain personal |
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| 9 | 9 | | attendants under Medicaid and other programs administered by the |
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| 10 | 10 | | Health and Human Services Commission. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 546, Government Code, as effective April |
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| 13 | 13 | | 1, 2025, is amended by adding Subchapter P to read as follows: |
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| 14 | 14 | | SUBCHAPTER P. PERSONAL ATTENDANT SERVICES |
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| 15 | 15 | | Sec. 546.0751. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Attendant care services" means nonmedical |
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| 17 | 17 | | services that enable an individual to engage in the activities of |
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| 18 | 18 | | daily living or to perform the physical functions required for |
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| 19 | 19 | | independent living, including: |
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| 20 | 20 | | (A) bathing, dressing, grooming, feeding, |
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| 21 | 21 | | exercising, toileting, positioning, routine hair and skin care, and |
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| 22 | 22 | | other personal care services; |
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| 23 | 23 | | (B) transfer or ambulation, transportation, and |
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| 24 | 24 | | other mobility support services; |
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| 25 | 25 | | (C) light housekeeping, grocery shopping, meal |
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| 26 | 26 | | preparation, laundry, and other household assistance; |
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| 27 | 27 | | (D) assisting with self-administered |
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| 28 | 28 | | medications; |
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| 29 | 29 | | (E) monitoring health-related needs and other |
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| 30 | 30 | | health management needs; and |
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| 31 | 31 | | (F) in-home respite services. |
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| 32 | 32 | | (2) "Personal attendant" means an individual who is |
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| 33 | 33 | | engaged as an employee or subcontractor to directly provide |
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| 34 | 34 | | attendant care services to an individual eligible to receive those |
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| 35 | 35 | | services under a program administered by the commission. |
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| 36 | 36 | | Sec. 546.0752. MINIMUM BASE WAGE FOR PERSONAL ATTENDANTS. |
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| 37 | 37 | | (a) This section applies only with respect to the following |
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| 38 | 38 | | programs administered by the commission: |
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| 39 | 39 | | (1) Medicaid, including a waiver or other program |
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| 40 | 40 | | established under: |
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| 41 | 41 | | (A) Section 1115 of the Social Security Act (42 |
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| 42 | 42 | | U.S.C. Section 1315); |
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| 43 | 43 | | (B) Section 1915(b), (c), or (k) of the Social |
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| 44 | 44 | | Security Act (42 U.S.C. Section 1396n(b), (c), or (k)); or |
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| 45 | 45 | | (C) Section 1929 of the Social Security Act (42 |
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| 46 | 46 | | U.S.C. Section 1396t); and |
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| 47 | 47 | | (2) a program authorized under Subtitle A, Title XX, |
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| 48 | 48 | | of the Social Security Act (42 U.S.C. Section 1397 et seq.). |
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| 49 | 49 | | (b) Notwithstanding Section 62.051 or 62.151, Labor Code, |
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| 50 | 50 | | or any other law, a personal attendant providing attendant care |
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| 51 | 51 | | services under a program to which this section applies must be paid |
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| 52 | 52 | | a base wage that is not less than the greater of: |
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| 53 | 53 | | (1) $19 an hour; or |
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| 54 | 54 | | (2) the federal minimum wage under Section 6, Fair |
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| 55 | 55 | | Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 56 | 56 | | Sec. 546.0753. RULES. The executive commissioner shall |
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| 57 | 57 | | adopt rules necessary to implement this subchapter. |
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| 58 | 58 | | SECTION 2. Section 546.0752, Government Code, as added by |
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| 59 | 59 | | this Act, applies beginning with the 2026 calendar year. |
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| 60 | 60 | | SECTION 3. If before implementing any provision of this Act |
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| 61 | 61 | | a state agency determines that a waiver or authorization from a |
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| 62 | 62 | | federal agency is necessary for implementation of that provision, |
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| 63 | 63 | | the agency affected by the provision shall request the waiver or |
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| 64 | 64 | | authorization and may delay implementing that provision until the |
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| 65 | 65 | | waiver or authorization is granted. |
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| 66 | 66 | | SECTION 4. This Act takes effect September 1, 2025. |
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