Texas 2013 - 83rd 1st C.S.

Texas Senate Bill SCR2 Compare Versions

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1	1	By: Duncan S.C.R. No. 2
2	2	(Raymond)
3	3
4	4
5	5	SENATE CONCURRENT RESOLUTION
6	6	WHEREAS, A lawsuit filed December 20, 2010, against Rick
7	7	Perry, Governor of the State of Texas; Thomas Suehs, Executive
8	8	Commissioner of the Texas Health and Human Services Commission; and
9	9	Chris Traylor, Commissioner of the Texas Department of Aging and
10	10	Disability Services, in their official capacities (collectively,
11	11	the "Defendants"), asserted claims under Title II of the Americans
12	12	with Disabilities Act of 1990 (ADA), Section 504 of the
13	13	Rehabilitation Act of 1973, and several sections of Title XIX of the
14	14	Social Security Act, including the Preadmission Screening and
15	15	Resident Review provisions of the 1987 Nursing Home Reform Act; and
16	16	WHEREAS, The United States of America was granted leave to
17	17	intervene in the lawsuit and filed a complaint against the State of
18	18	Texas on September 20, 2012, asserting claims under Section 504 of
19	19	the Rehabilitation Act of 1973 and Title II of the ADA; and
20	20	WHEREAS, The Plaintiffs to the lawsuit are Eric Steward, by
21	21	his next friend and mother, Lillian Minor; Linda Arizpe, by her next
22	22	friend and guardian, Rudy Arizpe; Andrea Padron, by her next friend
23	23	and guardian, Rosa Hudecek; Patricia Ferrer, by her next friend and
24	24	mother, Petra Ferrer; Benny Holmes, by his next friend and
25	25	guardian, Priscilla Holmes; Zackowitz Morgan, by his next friend
26	26	and guardian, Sharon Barker; The Arc of Texas, Inc.; and the
27	27	Coalition of Texans with Disabilities, Inc.; and
28	28	Plaintiff-Intervenor is the United States of America
29	29	(collectively, the "Plaintiffs"); and
30	30	WHEREAS, In general terms, the litigation brought by the
31	31	Plaintiffs concerns individuals with intellectual disabilities and
32	32	related conditions residing in nursing facilities and at risk of
33	33	admission to nursing facilities; and
34	34	WHEREAS, The parties to the lawsuit have entered into an
35	35	Interim Agreement to resolve as many issues as possible related to
36	36	the lawsuit for a limited time period while attempting to negotiate
37	37	a Comprehensive Agreement to resolve the entire lawsuit; and
38	38	WHEREAS, The Interim Agreement will be effective when signed
39	39	by all parties and will terminate on July 1, 2015; and
40	40	WHEREAS, Subdivision (2), Subsection (a), Section 111.003,
41	41	Civil Practice and Remedies Code, requires the legislature to
42	42	approve a settlement of a claim or action against this state if the
43	43	settlement commits the state to a course of action that in
44	44	reasonable probability will entail a continuing increased
45	45	expenditure of state funds over subsequent state fiscal bienniums;
46	46	and
47	47	WHEREAS, The Interim Agreement commits the State of Texas to
48	48	a course of action that in reasonable probability will entail a
49	49	continuing increased expenditure of state funds over subsequent
50	50	state fiscal bienniums; and
51	51	WHEREAS, Any Comprehensive Agreement entered into by and
52	52	between the parties will be submitted to the 84th Legislature of the
53	53	State of Texas for approval; now, therefore, be it
54	54	RESOLVED, That the 83rd Legislature of the State of Texas,
55	55	1st Called Session, hereby approve the Interim Agreement.