| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to community attendants under the community attendant |
|
|
services program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 531, Government Code, is |
|
|
amended by adding Section 531.05115 to read as follows: |
|
|
Sec. 531.05115. COMMUNITY ATTENDANT SERVICES PROGRAM: |
|
|
FAMILY MEMBERS AS COMMUNITY ATTENDANTS. (a) In this section: |
|
|
(1) "Community attendant services program" means the |
|
|
community attendant services program described by Section 32.061, |
|
|
Human Resources Code. |
|
|
(2) "Consumer" has the meaning assigned by Section |
|
|
531.051. |
|
|
(b) To the extent permitted by federal law, a community |
|
|
attendant who provides services to a consumer under the community |
|
|
attendant services program may be a family member of the consumer, |
|
|
including the consumer's parent or spouse. |
|
|
SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
|
|
is amended by adding Section 32.0611 to read as follows: |
|
|
Sec. 32.0611. COMMUNITY ATTENDANT SERVICES PROGRAM: |
|
|
MINIMUM WAGE FOR COMMUNITY ATTENDANTS. Notwithstanding Section |
|
|
62.051 or 62.151, Labor Code, or any other law, a community |
|
|
attendant providing services to a recipient under the community |
|
|
attendant services program must be paid not less than the greater |
|
|
of: |
|
|
(1) $15 an hour; or |
|
|
(2) the federal minimum wage under Section 6, Fair |
|
|
Labor Standards Act of 1938 (29 U.S.C. Section 206). |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2023. |