Texas 2009 - 81st Regular

Texas Senate Bill SCR77 Compare Versions

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1	1	S.C.R. No. 77
2	2
3	3
4	4	SENATE CONCURRENT RESOLUTION
5	5	WHEREAS, Pursuant to the authority of the Civil Rights of
6	6	Institutionalized Persons Act (42 U.S.C. Section 1997 et seq.), the
7	7	United States Department of Justice, Civil Rights Division, has
8	8	initiated investigations of the 12 state mental retardation
9	9	facilities operated by the Department of Aging and Disability
10	10	Services and the one state mental retardation facility operated by
11	11	the Department of State Health Services; and
12	12	WHEREAS, The State of Texas has entered into a system-wide
13	13	settlement agreement with the United States Department of Justice
14	14	to resolve the department's investigations of all 13 state mental
15	15	retardation facilities (the "System-wide Settlement Agreement");
16	16	and
17	17	WHEREAS, Subdivision (2), Subsection (a), Section 111.003,
18	18	Civil Practice and Remedies Code, requires the legislature to
19	19	approve a settlement of a claim or action against this state if the
20	20	settlement commits the state to a course of action that in
21	21	reasonable probability will entail a continuing increased
22	22	expenditure of state funds over subsequent state fiscal bienniums;
23	23	and
24	24	WHEREAS, The System-wide Settlement Agreement commits the
25	25	State of Texas to a course of action that in reasonable probability
26	26	entails a continuing increased expenditure of state funds over
27	27	subsequent state fiscal bienniums; and
28	28	WHEREAS, The Office of the Attorney General of Texas notified
29	29	Lieutenant Governor David Dewhurst and the Honorable Tom Craddick,
30	30	then Speaker of the House of Representatives, by letter dated
31	31	August 29, 2008, that the settlement of the United States
32	32	Department of Justice investigations of the state mental
33	33	retardation facilities may require prior consent or subsequent
34	34	approval by the legislature; and
35	35	WHEREAS, The State of Texas has made a significant and
36	36	diligent effort to improve services in all of the state mental
37	37	retardation facilities since the United States Department of
38	38	Justice initiated its first Civil Rights of Institutionalized
39	39	Persons Act investigation of a state mental retardation facility in
40	40	this state; and
41	41	WHEREAS, The State of Texas is committed to continue
42	42	improving the care of its state school residents, including the
43	43	implementation of measures that protect our residents and the
44	44	provision of quality health services and increased oversight and
45	45	surveillance, to promote a better living environment for the
46	46	state's most vulnerable citizens; and
47	47	WHEREAS, The State of Texas seeks to avoid inconvenience and
48	48	disruption to state school operations due to a prolonged
49	49	investigation and protracted litigation over the state mental
50	50	retardation facilities; now, therefore, be it
51	51	RESOLVED, That the 81st Legislature of the State of Texas
52	52	hereby approve the System-wide Settlement Agreement.
53	53	______________________________ ______________________________
54	54	President of the Senate Speaker of the House
55	55	I hereby certify that S.C.R. No. 77 was adopted by the Senate
56	56	on May 27, 2009, by the following vote: Yeas 31, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	I hereby certify that S.C.R. No. 77 was adopted by the House
60	60	on May 30, 2009, by the following vote: Yeas 138, Nays 0, one
61	61	present not voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	Approved:
65	65	______________________________
66	66	Date
67	67	______________________________
68	68	Governor