Bill Text: TX HB1721 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to establishing a base wage for personal attendants under the community living assistance and support services (CLASS) waiver program.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-14 - Referred to Human Services [HB1721 Detail]
Download: Texas-2025-HB1721-Introduced.html
| 89R3809 AND-D | ||
| By: Gervin-Hawkins | H.B. No. 1721 | |
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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. Chapter 546, Government Code, as effective April | ||
| 1, 2025, is amended by adding Subchapter J-1 to read as follows: | ||
| SUBCHAPTER J-1. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES | ||
| (CLASS) WAIVER PROGRAM | ||
| Sec. 546.0473. 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, 2025, 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, 2025. | ||
