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SENATE CONCURRENT RESOLUTION
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WHEREAS, A lawsuit filed December 20, 2010, against Rick |
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Perry, Governor of the State of Texas; Thomas Suehs, Executive |
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Commissioner of the Texas Health and Human Services Commission; and |
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Chris Traylor, Commissioner of the Texas Department of Aging and |
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Disability Services, in their official capacities (collectively, |
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the "Defendants"), asserted claims under Title II of the Americans |
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with Disabilities Act of 1990 (ADA), Section 504 of the |
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Rehabilitation Act of 1973, and several sections of Title XIX of the |
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Social Security Act, including the Preadmission Screening and |
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Resident Review provisions of the 1987 Nursing Home Reform Act; and |
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WHEREAS, The United States of America was granted leave to |
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intervene in the lawsuit and filed a complaint against the State of |
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Texas on September 20, 2012, asserting claims under Section 504 of |
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the Rehabilitation Act of 1973 and Title II of the ADA; and |
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WHEREAS, The Plaintiffs to the lawsuit are Eric Steward, by |
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his next friend and mother, Lillian Minor; Linda Arizpe, by her next |
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friend and guardian, Rudy Arizpe; Andrea Padron, by her next friend |
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and guardian, Rosa Hudecek; Patricia Ferrer, by her next friend and |
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mother, Petra Ferrer; Benny Holmes, by his next friend and |
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guardian, Priscilla Holmes; Zackowitz Morgan, by his next friend |
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and guardian, Sharon Barker; The Arc of Texas, Inc.; and the |
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Coalition of Texans with Disabilities, Inc.; and |
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Plaintiff-Intervenor is the United States of America |
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(collectively, the "Plaintiffs"); and |
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WHEREAS, In general terms, the litigation brought by the |
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Plaintiffs concerns individuals with intellectual disabilities and |
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related conditions residing in nursing facilities and at risk of |
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admission to nursing facilities; and |
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WHEREAS, The parties to the lawsuit have entered into an |
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Interim Agreement to resolve as many issues as possible related to |
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the lawsuit for a limited time period while attempting to negotiate |
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a Comprehensive Agreement to resolve the entire lawsuit; and |
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WHEREAS, The Interim Agreement will be effective when signed |
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by all parties and will terminate on July 1, 2015; and |
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WHEREAS, Subdivision (2), Subsection (a), Section 111.003, |
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Civil Practice and Remedies Code, requires the legislature to |
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approve a settlement of a claim or action against this state if the |
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settlement commits the state to a course of action that in |
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reasonable probability will entail a continuing increased |
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expenditure of state funds over subsequent state fiscal bienniums; |
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and |
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WHEREAS, The Interim Agreement commits the State of Texas to |
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a course of action that in reasonable probability will entail a |
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continuing increased expenditure of state funds over subsequent |
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state fiscal bienniums; and |
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WHEREAS, Any Comprehensive Agreement entered into by and |
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between the parties will be submitted to the 84th Legislature of the |
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State of Texas for approval; now, therefore, be it |
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RESOLVED, That the 83rd Legislature of the State of Texas, |
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1st Called Session, hereby approve the Interim Agreement. |