H.B. No. 4415

AN ACT

relating to the transfer of certain real property from the Health and Human Services Commission to the StarCare Specialty Health System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Not later than November 30, 2023, the Health and Human Services Commission shall transfer the real property described by Section 2 of this Act to Lubbock Regional MHMR Center d/b/a StarCare Specialty Health System, including the improvements affixed to the property and excluding the mineral interests in and under the property.

(b) Consideration for the transfer authorized by Subsection (a) of this section is the requirement that StarCare Specialty Health System use the transferred property only to provide community-based mental health, physical health, health-related, or intellectual and developmental disability services, a purpose that benefits the public interest of the state.

(c) If StarCare Specialty Health System fails to use the property in the manner described by Subsection (b) of this section for more than 180 continuous days after the transfer for reasons other than periods of renovation, construction, or other improvements, or due to an emergency or natural disaster, ownership of the property automatically reverts to the Health and Human Services Commission.

(d) The Health and Human Services Commission shall transfer the property by an appropriate instrument of transfer that:

(1) includes a provision that:

(A) requires StarCare Specialty Health System to use the property to provide community-based mental health, physical health, health-related, or intellectual and developmental disability services, a purpose that benefits the public interest of the state; and

(B) indicates that ownership of the property automatically reverts to the Health and Human Services Commission if StarCare Specialty Health System fails to use the property for that public purpose as described by Subsection (c) of this section; and

(2) describes the property to be transferred by metes and bounds.

(e) The Health and Human Services Commission may execute an appropriate instrument to release and nullify the right of reverter described by Subsection (c) of this section if mutually agreed to by the parties, but only if the Health and Human Services Commission makes a finding that consideration received through the use of the property as described by Subsection (b) of this section has sufficient cumulative value to equal or exceed the fair market value of the property at the time of the transfer.

(f) Sections 533.084 and 533.087, Health and Safety Code, and Sections 31.1571, 31.158, and 31.159, Natural Resources Code, do not apply to the transfer of real property authorized by Subsection (a) of this section.

SECTION 2. The real property to which Section 1 of this Act applies is described as follows:

The real property title to which is held by the Health and Human Services Commission consisting of the complex site of the Lubbock Psychiatric Hospital, doing business as Sunrise Canyon Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock County, Texas, constituting 8 acres of land and more particularly described as Tract A - MHMR Addition in a deed to the state recorded at Volume 4359, page 48 of the Deed Records of Lubbock County.

SECTION 3. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 4415 was passed by the House on May 9, 2023, by the following vote: Yeas 138, Nays 4, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 4415 was passed by the Senate on May 24, 2023, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

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Governor