| By: Nelson | S.C.R. No. 77 | |
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| WHEREAS, Pursuant to the authority of the Civil Rights of | ||
| Institutionalized Persons Act (CRIPA), the United States | ||
| Department of Justice (DOJ), Civil Rights Division, has initiated | ||
| investigations of the 12 state mental retardation facilities | ||
| operated by the Department of Aging and Disability Services (DADS) | ||
| and the one state mental retardation facility operated by the | ||
| Department of State Health Services (DSHS); and | ||
| WHEREAS, The State of Texas has entered into a system-wide | ||
| settlement agreement with DOJ to resolve DOJ's investigations of | ||
| all 13 state mental retardation facilities (the "System-wide | ||
| Settlement Agreement"); and | ||
| WHEREAS, Section 111.003(a)(2), 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, by letter dated August 29, 2008, that the | ||
| settlement of DOJ 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 DOJ initiated its first CRIPA | ||
| 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 the 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. | ||