By: Nelson S.C.R. No. 77
SENATE CONCURRENT RESOLUTION
WHEREAS, Pursuant to the authority of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. Section 1997 et seq.), the
United States Department of Justice, Civil Rights Division, has
initiated investigations of the 12 state mental retardation
facilities operated by the Department of Aging and Disability
Services and the one state mental retardation facility operated by
the Department of State Health Services; and
WHEREAS, The State of Texas has entered into a system-wide
settlement agreement with the United States Department of Justice
to resolve the department's investigations of all 13 state mental
retardation facilities (the "System-wide Settlement Agreement");
and
WHEREAS, Subdivision (2), Subsection (a), Section 111.003,
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 of Representatives, by letter dated
August 29, 2008, that the settlement of the United States
Department of Justice 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 the United States Department of
Justice initiated its first Civil Rights of Institutionalized
Persons Act 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 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.