Texas 2009 - 81st Regular

Texas House Bill HCR22 Compare Versions

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Old	New	Differences
1	1	H.C.R. No. 22
2	2
3	3
4	4	HOUSE CONCURRENT RESOLUTION
5	5	WHEREAS, Farhat Chishty as next friend for her son, Haseeb
6	6	Chishty, alleges that:
7	7	(1) Haseeb Chishty was a disabled adult resident of
8	8	the Denton State School, which is under the jurisdiction of the
9	9	Department of Aging and Disability Services;
10	10	(2) Kevin Miller was a direct care aide employed at the
11	11	Denton State School;
12	12	(3) the Department of Aging and Disability Services
13	13	and the Denton State School had prior knowledge of Kevin Miller's
14	14	inappropriate behavior toward mentally retarded and physically
15	15	handicapped residents;
16	16	(4) although Kevin Miller was not terminated for his
17	17	inappropriate behavior, he was placed on decision making leave;
18	18	(5) when Kevin Miller returned from decision making
19	19	leave, the Denton State School transferred him to the housing unit
20	20	in which Haseeb Chishty resided;
21	21	(6) the Denton State School also had prior knowledge
22	22	of illicit drug use by direct care aides and other Denton State
23	23	School employees;
24	24	(7) the Denton State School failed to remove Kevin
25	25	Miller from the environment in which Haseeb Chishty resided and
26	26	failed to have or to enforce policies to protect Haseeb Chishty and
27	27	allowed Haseeb Chishty to reside in a dangerous environment;
28	28	(8) some time before September 27, 2002, Kevin Miller
29	29	physically abused Haseeb Chishty and as a result, Haseeb Chishty
30	30	sustained life-threatening injuries to his lower abdomen and pelvic
31	31	area which have left him unable to eat on his own, speak, walk, or
32	32	interact with his family;
33	33	(9) Kevin Miller may have been in a drug-induced state
34	34	at the time he abused Haseeb Chishty;
35	35	(10) the Department of Aging and Disability Services
36	36	and the Denton State School attempted to conceal the source of
37	37	Haseeb Chishty's injuries by asserting they were caused by a
38	38	vehicle safety belt in August 2002;
39	39	(11) on or about January 27, 2003, the Department of
40	40	Aging and Disability Services and the Denton State School informed
41	41	Farhat Chishty that her son may have been physically abused by an
42	42	employee who was, at the time the information was provided, on leave
43	43	of absence status;
44	44	(12) Kevin Miller was on leave of absence in January
45	45	2003, and when he returned to the Denton State School from his leave
46	46	of absence, he was permitted to work with Haseeb Chishty, even
47	47	though the Denton State School knew that Kevin Miller may have been
48	48	responsible for Haseeb Chishty's abuse;
49	49	(13) the Chishty family is entitled to an award for
50	50	damages, including actual medical expenses, attorney's fees, and
51	51	interest on any amounts due as may be authorized by law; and
52	52	(14) damages may not exceed the limitation on damages
53	53	provided by Section 101.023(a), Civil Practice and Remedies Code,
54	54	for state agencies, excluding past and future medical bills and
55	55	attorney's fees; now, therefore, be it
56	56	RESOLVED by the Legislature of the State of Texas, That
57	57	Farhat Chishty as next friend for her son, Haseeb Chishty, is
58	58	granted permission to sue the State of Texas, the Department of
59	59	Aging and Disability Services, and the Denton State School subject
60	60	to Chapter 107, Civil Practice and Remedies Code; and, be it further
61	61	RESOLVED, That the commissioner of aging and disability
62	62	services and the superintendent of the Denton State School be
63	63	served process as provided by Section 107.002(a)(3), Civil Practice
64	64	and Remedies Code.
65	65	Burnam
66	66	Kent
67	67	______________________________ ______________________________
68	68	President of the Senate Speaker of the House
69	69	I certify that H.C.R. No. 22 was adopted by the House on May
70	70	19, 2009, by the following vote: Yeas 139, Nays 0, 4 present, not
71	71	voting.
72	72	______________________________
73	73	Chief Clerk of the House
74	74	I certify that H.C.R. No. 22 was adopted by the Senate on May
75	75	27, 2009, by the following vote: Yeas 25, Nays 6.
76	76	______________________________
77	77	Secretary of the Senate
78	78	APPROVED: __________________
79	79	Date
80	80	__________________
81	81	Governor