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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain real property from the Health |
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and Human Services Commission to the StarCare Specialty Health |
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System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Not later than November 30, 2023, the Health |
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and Human Services Commission shall transfer the real property |
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described by Section 2 of this Act to Lubbock Regional MHMR Center |
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d/b/a StarCare Specialty Health System, including the improvements |
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affixed to the property and excluding the mineral interests in and |
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under the property. |
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(b) Consideration for the transfer authorized by Subsection |
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(a) of this section is the requirement that StarCare Specialty |
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Health System use the transferred property only to provide |
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community-based mental health, physical health, health-related, or |
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intellectual and developmental disability services, a purpose that |
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benefits the public interest of the state. |
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(c) If StarCare Specialty Health System fails to use the |
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property in the manner described by Subsection (b) of this section |
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for more than 180 continuous days after the transfer for reasons |
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other than periods of renovation, construction, or other |
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improvements, or due to an emergency or natural disaster, ownership |
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of the property automatically reverts to the Health and Human |
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Services Commission. |
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(d) The Health and Human Services Commission shall transfer |
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the property by an appropriate instrument of transfer that: |
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(1) includes a provision that: |
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(A) requires StarCare Specialty Health System to |
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use the property to provide community-based mental health, physical |
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health, health-related, or intellectual and developmental |
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disability services, a purpose that benefits the public interest of |
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the state; and |
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(B) indicates that ownership of the property |
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automatically reverts to the Health and Human Services Commission |
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if StarCare Specialty Health System fails to use the property for |
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that public purpose as described by Subsection (c) of this section; |
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and |
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(2) describes the property to be transferred by metes |
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and bounds. |
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(e) The Health and Human Services Commission may execute an |
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appropriate instrument to release and nullify the right of reverter |
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described by Subsection (c) of this section if mutually agreed to by |
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the parties, but only if the Health and Human Services Commission |
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makes a finding that consideration received through the use of the |
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property as described by Subsection (b) of this section has |
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sufficient cumulative value to equal or exceed the fair market |
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value of the property at the time of the transfer. |
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(f) Sections 533.084 and 533.087, Health and Safety Code, |
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and Sections 31.1571, 31.158, and 31.159, Natural Resources Code, |
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do not apply to the transfer of real property authorized by |
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Subsection (a) of this section. |
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SECTION 2. The real property to which Section 1 of this Act |
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applies is described as follows: |
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The real property title to which is held by the Health and |
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Human Services Commission consisting of the complex site of the |
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Lubbock Psychiatric Hospital, doing business as Sunrise Canyon |
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Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock |
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County, Texas, constituting 8 acres of land and more particularly |
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described as Tract A - MHMR Addition in a deed to the state recorded |
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at Volume 4359, page 48 of the Deed Records of Lubbock County. |
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SECTION 3. This Act takes effect September 1, 2023. |