| 1 | 1 | | By: Rose H.C.R. No. 255 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | HOUSE CONCURRENT RESOLUTION |
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| 5 | 5 | | WHEREAS, Pursuant to the authority of the Civil Rights of |
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| 6 | 6 | | Institutionalized Persons Act (CRIPA), the United States |
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| 7 | 7 | | Department of Justice (DOJ), Civil Rights Division, has initiated |
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| 8 | 8 | | investigations of the 12 state mental retardation facilities |
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| 9 | 9 | | operated by the Department of Aging and Disability Services (DADS) |
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| 10 | 10 | | and the one state mental retardation facility operated by the |
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| 11 | 11 | | Department of State Health Services (DSHS); and |
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| 12 | 12 | | WHEREAS, The State of Texas has entered into a system-wide |
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| 13 | 13 | | settlement agreement with DOJ to resolve DOJ's investigations of |
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| 14 | 14 | | all 13 state mental retardation facilities (the "System-wide |
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| 15 | 15 | | Settlement Agreement"); and |
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| 16 | 16 | | WHEREAS, Section 111.003(a)(2), Civil Practice and Remedies |
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| 17 | 17 | | Code, requires the legislature to approve a settlement of a claim or |
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| 18 | 18 | | action against this state if the settlement commits the state to a |
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| 19 | 19 | | course of action that in reasonable probability will entail a |
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| 20 | 20 | | continuing increased expenditure of state funds over subsequent |
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| 21 | 21 | | state fiscal bienniums; and |
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| 22 | 22 | | WHEREAS, The System-wide Settlement Agreement commits the |
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| 23 | 23 | | State of Texas to a course of action that in reasonable probability |
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| 24 | 24 | | entails a continuing increased expenditure of state funds over |
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| 25 | 25 | | subsequent state fiscal bienniums; and |
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| 26 | 26 | | WHEREAS, The Office of the Attorney General of Texas notified |
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| 27 | 27 | | Lieutenant Governor David Dewhurst and the Honorable Tom Craddick, |
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| 28 | 28 | | then Speaker of the House, by letter dated August 29, 2008, that the |
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| 29 | 29 | | settlement of DOJ investigations of the state mental retardation |
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| 30 | 30 | | facilities may require prior consent or subsequent approval by the |
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| 31 | 31 | | legislature; and |
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| 32 | 32 | | WHEREAS, The State of Texas has made a significant and |
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| 33 | 33 | | diligent effort to improve services in all of the state mental |
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| 34 | 34 | | retardation facilities since DOJ initiated its first CRIPA |
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| 35 | 35 | | investigation of a state mental retardation facility in this state; |
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| 36 | 36 | | and |
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| 37 | 37 | | WHEREAS, The State of Texas is committed to continue |
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| 38 | 38 | | improving the care of its state school residents, including the |
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| 39 | 39 | | implementation of measures that protect our residents and the |
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| 40 | 40 | | provision of quality health services and increased oversight and |
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| 41 | 41 | | surveillance, to promote a better living environment for the |
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| 42 | 42 | | state's most vulnerable citizens; and |
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| 43 | 43 | | WHEREAS, The State of Texas seeks to avoid inconvenience and |
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| 44 | 44 | | disruption to state school operations due to a prolonged |
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| 45 | 45 | | investigation and protracted litigation over the state mental |
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| 46 | 46 | | retardation facilities; now, therefore, be it |
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| 47 | 47 | | RESOLVED, That the 81st Legislature of the State of Texas |
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| 48 | 48 | | hereby approve the System-wide Settlement Agreement. |
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