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CONCURRENT RESOLUTION
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WHEREAS, The State of Texas entered into a system-wide |
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settlement agreement (the "2009 Settlement Agreement") with the |
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U.S. Department of Justice in 2009 to resolve the department's |
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investigations of the 12 state-supported living centers operated by |
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the Texas Department of Aging and Disability Services, as well as |
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the Intermediate Care Facilities for Individuals with an |
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Intellectual Disability or Related Conditions component of the Rio |
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Grande State Center operated by the Texas Department of State |
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Health Services (collectively, the "Centers"); and |
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WHEREAS, As required by Section 111.003(a)(2), Civil |
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Practice and Remedies Code, the Texas Legislature approved the 2009 |
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Settlement Agreement in May 2009; and |
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WHEREAS, The State of Texas and the U.S. Department of |
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Justice have provisionally agreed to amend the 2009 Settlement |
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Agreement (the "Amended Agreement"), subject to legislative |
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approval; and |
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WHEREAS, The Amended Agreement restructures the monitoring |
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process, places greater focus on outcomes for the individuals |
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served by the Centers, and strengthens services for individuals who |
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move from a Center to live in community settings; and |
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WHEREAS, The Amended Agreement requires prior consent or |
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subsequent approval by the legislature; and |
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WHEREAS, The Amended Agreement provides the state with a |
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clear and achievable path to compliance that will enable the state |
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to exit the agreement without costly litigation; now, therefore, be |
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it |
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RESOLVED, That the 85th Legislature of the State of Texas |
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hereby approve the Amended Agreement. |