By: Duncan S.C.R. No. 2
(Raymond)
SENATE CONCURRENT RESOLUTION
WHEREAS, A lawsuit filed December 20, 2010, against Rick
Perry, Governor of the State of Texas; Thomas Suehs, Executive
Commissioner of the Texas Health and Human Services Commission; and
Chris Traylor, Commissioner of the Texas Department of Aging and
Disability Services, in their official capacities (collectively,
the "Defendants"), asserted claims under Title II of the Americans
with Disabilities Act of 1990 (ADA), Section 504 of the
Rehabilitation Act of 1973, and several sections of Title XIX of the
Social Security Act, including the Preadmission Screening and
Resident Review provisions of the 1987 Nursing Home Reform Act; and
WHEREAS, The United States of America was granted leave to
intervene in the lawsuit and filed a complaint against the State of
Texas on September 20, 2012, asserting claims under Section 504 of
the Rehabilitation Act of 1973 and Title II of the ADA; and
WHEREAS, The Plaintiffs to the lawsuit are Eric Steward, by
his next friend and mother, Lillian Minor; Linda Arizpe, by her next
friend and guardian, Rudy Arizpe; Andrea Padron, by her next friend
and guardian, Rosa Hudecek; Patricia Ferrer, by her next friend and
mother, Petra Ferrer; Benny Holmes, by his next friend and
guardian, Priscilla Holmes; Zackowitz Morgan, by his next friend
and guardian, Sharon Barker; The Arc of Texas, Inc.; and the
Coalition of Texans with Disabilities, Inc.; and
Plaintiff-Intervenor is the United States of America
(collectively, the "Plaintiffs"); and
WHEREAS, In general terms, the litigation brought by the
Plaintiffs concerns individuals with intellectual disabilities and
related conditions residing in nursing facilities and at risk of
admission to nursing facilities; and
WHEREAS, The parties to the lawsuit have entered into an
Interim Agreement to resolve as many issues as possible related to
the lawsuit for a limited time period while attempting to negotiate
a Comprehensive Agreement to resolve the entire lawsuit; and
WHEREAS, The Interim Agreement will be effective when signed
by all parties and will terminate on July 1, 2015; 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 Interim Agreement commits the State of Texas 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, Any Comprehensive Agreement entered into by and
between the parties will be submitted to the 84th Legislature of the
State of Texas for approval; now, therefore, be it
RESOLVED, That the 83rd Legislature of the State of Texas,
1st Called Session, hereby approve the Interim Agreement.