Bill Text: TX SCR2 | 2013 | 83rd Legislature 1st Special Session | Enrolled
Bill Title: Authorizing a proposed interim agreement between the parties of a lawsuit regarding individuals with intellectual disabilities and related conditions residing in or at risk of being admitted to nursing facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-11 - Signed by the Governor [SCR2 Detail]
Download: Texas-2013-SCR2-Enrolled.html
| S.C.R. No. 2 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.C.R. No. 2 was adopted by the Senate | ||
| on June 18, 2013, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.C.R. No. 2 was adopted by the House | ||
| on June 23, 2013, by the following vote: Yeas 99, Nays 6, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
