83S10337 SCL-D
 
  By: Duncan S.C.R. No. 2
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, A lawsuit filed December 20, 2010, against Rick
  Perry, Governor of the State of Texas; Thomas Suehs, Executive
  Commissioner of the Texas Health and Human Services Commission; and
  Chris Traylor, Commissioner of the Texas Department of Aging and
  Disability Services, in their official capacities (collectively,
  the "Defendants"), asserted claims under Title II of the Americans
  with Disabilities Act of 1990 (ADA), Section 504 of the
  Rehabilitation Act of 1973, and several sections of Title XIX of the
  Social Security Act, including the Preadmission Screening and
  Resident Review provisions of the 1987 Nursing Home Reform Act; and
         WHEREAS, The United States of America was granted leave to
  intervene in the lawsuit and filed a complaint against the State of
  Texas on September 20, 2012, asserting claims under Section 504 of
  the Rehabilitation Act of 1973 and Title II of the ADA; and
         WHEREAS, The Plaintiffs to the lawsuit are Eric Steward, by
  his next friend and mother, Lillian Minor; Linda Arizpe, by her next
  friend and guardian, Rudy Arizpe; Andrea Padron, by her next friend
  and guardian, Rosa Hudecek; Patricia Ferrer, by her next friend and
  mother, Petra Ferrer; Benny Holmes, by his next friend and
  guardian, Priscilla Holmes; Zackowitz Morgan, by his next friend
  and guardian, Sharon Barker; The Arc of Texas, Inc.; and the
  Coalition of Texans with Disabilities, Inc.; and
  Plaintiff-Intervenor is the United States of America
  (collectively, the "Plaintiffs"); and
         WHEREAS, In general terms, the litigation brought by the
  Plaintiffs concerns individuals with intellectual disabilities and
  related conditions residing in nursing facilities and at risk of
  admission to nursing facilities; and
         WHEREAS, The parties to the lawsuit have entered into an
  Interim Agreement to resolve as many issues as possible related to
  the lawsuit for a limited time period while attempting to negotiate
  a Comprehensive Agreement to resolve the entire lawsuit; and
         WHEREAS, The Interim Agreement will be effective when signed
  by all parties and will terminate on July 1, 2015; 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 Interim Agreement commits the State of Texas 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, Any Comprehensive Agreement entered into by and
  between the parties will be submitted to the 84th Legislature of the
  State of Texas for approval; now, therefore, be it
         RESOLVED, That the 83rd Legislature of the State of Texas,
  1st Called Session, hereby approve the Interim Agreement.