| By: Nelson | S.C.R. No. 77 | |
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| WHEREAS, Pursuant to the authority of the Civil Rights of | ||
| Institutionalized Persons Act (42 U.S.C. Section 1997 et seq.), the | ||
| United States Department of Justice, Civil Rights Division, has | ||
| initiated investigations of the 12 state mental retardation | ||
| facilities operated by the Department of Aging and Disability | ||
| Services and the one state mental retardation facility operated by | ||
| the Department of State Health Services; and | ||
| WHEREAS, The State of Texas has entered into a system-wide | ||
| settlement agreement with the United States Department of Justice | ||
| to resolve the department's investigations of all 13 state mental | ||
| retardation facilities (the "System-wide Settlement Agreement"); | ||
| and | ||
| WHEREAS, Subdivision (2), Subsection (a), Section 111.003, | ||
| Civil Practice and Remedies Code, requires the legislature to | ||
| approve a settlement of a claim or action against this state if the | ||
| settlement commits the state to a course of action that in | ||
| reasonable probability will entail a continuing increased | ||
| expenditure of state funds over subsequent state fiscal bienniums; | ||
| and | ||
| WHEREAS, The System-wide Settlement Agreement commits the | ||
| State of Texas to a course of action that in reasonable probability | ||
| entails a continuing increased expenditure of state funds over | ||
| subsequent state fiscal bienniums; and | ||
| WHEREAS, The Office of the Attorney General of Texas notified | ||
| Lieutenant Governor David Dewhurst and the Honorable Tom Craddick, | ||
| then Speaker of the House of Representatives, by letter dated | ||
| August 29, 2008, that the settlement of the United States | ||
| Department of Justice investigations of the state mental | ||
| retardation facilities may require prior consent or subsequent | ||
| approval by the legislature; and | ||
| WHEREAS, The State of Texas has made a significant and | ||
| diligent effort to improve services in all of the state mental | ||
| retardation facilities since the United States Department of | ||
| Justice initiated its first Civil Rights of Institutionalized | ||
| Persons Act investigation of a state mental retardation facility in | ||
| this state; and | ||
| WHEREAS, The State of Texas is committed to continue | ||
| improving the care of its state school residents, including the | ||
| implementation of measures that protect our residents and the | ||
| provision of quality health services and increased oversight and | ||
| surveillance, to promote a better living environment for the | ||
| state's most vulnerable citizens; and | ||
| WHEREAS, The State of Texas seeks to avoid inconvenience and | ||
| disruption to state school operations due to a prolonged | ||
| investigation and protracted litigation over the state mental | ||
| retardation facilities; now, therefore, be it | ||
| RESOLVED, That the 81st Legislature of the State of Texas | ||
| hereby approve the System-wide Settlement Agreement. | ||