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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a base wage for personal attendants under |
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the community living assistance and support services (CLASS) waiver |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.077 to read as follows: |
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Sec. 32.077. COMMUNITY LIVING ASSISTANCE AND SUPPORT |
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SERVICES (CLASS) WAIVER PROGRAM: BASE WAGE FOR PERSONAL ATTENDANTS. |
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(a) Notwithstanding Section 62.051 or 62.151, Labor Code, or any |
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other law, a personal attendant providing personal assistance |
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services to a recipient under the community living assistance and |
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support services (CLASS) waiver program must be paid a base wage: |
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(1) for the state fiscal biennium beginning September |
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1, 2023, equal to an amount that is not less than the greater of: |
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(A) $15 an hour; or |
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(B) the federal minimum wage under Section 6, |
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Fair Labor Standards Act of 1938 (29 U.S.C. Section 206); and |
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(2) for each subsequent state fiscal biennium, equal |
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to the greater of: |
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(A) the adjusted base wage determined in |
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accordance with Subsection (b); or |
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(B) the federal minimum wage under Section 6, |
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Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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(b) On August 1 of each odd-numbered year, the commission |
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shall determine the adjusted base wage applicable under Subsection |
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(a)(2)(A) for the next state fiscal biennium by increasing the base |
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wage being paid under Subsection (a) during that month by the |
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percentage increase, if any, in the Consumer Price Index for Urban |
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Wage Earners and Clerical Workers (CPI-W), published by the Bureau |
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of Labor Statistics of the United States Department of Labor for the |
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24-month period ending the July 31 preceding that date. The |
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commission shall compute the adjusted base wage to the nearest |
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cent. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2023. |