Bill Text: TX HB4568 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to establishing a base wage for personal attendants under the community living assistance and support services (CLASS) waiver program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Human Services [HB4568 Detail]
Download: Texas-2023-HB4568-Introduced.html
| 88R14322 BDP-D | ||
| By: Gervin-Hawkins | H.B. No. 4568 | |
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| 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. | ||
