By: Nelson S.C.R. No. 77
SENATE CONCURRENT RESOLUTION
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.