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CONCURRENT RESOLUTION
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WHEREAS, Certain persons committed or formerly committed to |
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facilities operated by the Texas Youth Commission allege that: |
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(1) the West Texas State School is a facility under the |
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jurisdiction and direction of the Texas Youth Commission; |
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(2) recent investigations of the West Texas State |
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School by the Texas Rangers have reported that school personnel |
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have engaged in inappropriate and illegal sexual conduct with |
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persons committed to the facility; |
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(3) the reported sexual conduct went undiscovered for |
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a substantial period of time, especially considering the duration |
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of the incidents and the number of persons involved; |
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(4) the "Summary Report for Administrative Review" |
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prepared by an investigator for the Texas Youth Commission makes |
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the following findings: |
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(A) information regarding use of pornography on |
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the job, a recognized risk indicator of sexual misconduct, was not |
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considered in the selection of certain supervisory staff members; |
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(B) repeated reports of school staff being alone |
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with persons committed to the facility after hours were not |
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properly reported and not addressed with documented supervisory |
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intervention; |
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(C) youth and employee grievance programs at the |
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facility were ineffective and sabotaged, and complaints that were |
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made off campus were explained away by facility staff when |
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investigated or the evidence of misconduct was covered up; |
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(D) complaints regarding the conduct of facility |
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staff that were reported to program administrators and persons with |
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authority over the administrators at the facility were not properly |
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registered to a complaint system or investigated; |
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(E) certain complaints made about the |
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unsupervised presence of persons committed to the facility in the |
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administration building after hours were not properly registered to |
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a complaint system or assigned for resolution; |
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(F) supervisory staff of the facility failed to |
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report the suspicions of abuse regarding other staff members, |
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screening the reports by conducting personal interviews; and |
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(G) the standard for reporting suspected abuse, |
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neglect, and exploitation at West Texas State School was kept |
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artificially high by the screening of reports at the local level for |
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evidence of validity before reporting, and staff members who |
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reported their concerns without evidence were discouraged from |
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reporting; |
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(5) similar allegations of physical and sexual abuse |
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have been made by persons committed to many of the other Texas Youth |
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Commission facilities in this state; and |
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(6) the conduct described above was carried out by |
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state employees during official working hours in state facilities, |
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involved the use of state resources, and reportedly victimized |
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youths under the direct supervision of the Texas Youth Commission; |
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now, therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That a |
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person committed or formerly committed to any facility operated by |
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the Texas Youth Commission, or a parent or guardian of such a |
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person, with a claim based on the conduct of a state employee in a |
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facility under the jurisdiction of the Texas Youth Commission is |
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granted permission to sue the State of Texas and the Texas Youth |
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Commission, subject to Chapter 107, Civil Practice and Remedies |
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Code, for damages authorized by law; and, be it further |
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RESOLVED, That the executive director of the Texas Youth |
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Commission and the attorney general be served process as provided |
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by Section 107.002(a)(3), Civil Practice and Remedies Code. |