BILL ANALYSIS



H.B. 2140
By: Counts
April 11, 1995
Committee Report (Unamended)


BACKGROUND

This action was initiated when the Texas Department of Mental
Health and Mental Retardation received an inquiry from a private
party who was interested in acquiring a one acre tract of land (the
"Property") near the intersection of IH-20 and State Highway 87. 
The Property is located on a vacant portion of the Big Spring State
Hospital.  

The board has determined that the sale of the Property will not
directly impact the utilization of any campus or community-based
facilities other than the rerouting of an unpaved access road. 
Impacts upon the hospital's operations are anticipated to be
minimal because of the remote location of the Property.  No impacts
on human resources are associated with the proposed sale.

After determining that the Property is not necessary for the
present or future delivery of services at the Big Spring State
Hospital, the TX MHMR board designated the Property as surplus on
February 10, 1995.  Because the interested party is only interested
in purchasing the Property, the board directed the commissioner to
seek legislation to authorize the sale.  This legislation provides
the required authorization.

The Texas General Land Office (GLO) is responsible for overseeing
the management of state-owned real property under Chapter 31 of the
Natural Resources Code and through a Memorandum of Understanding
with TX MHMR.  The GLO has analyzed the proposal and has
recommended selling the Property to the highest bidder.

PURPOSE

This legislation will provide authority to the Texas General Land
Office to sell the Property located in Big Spring, Howard County,
Texas to the highest bidder.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  (a)  Gives the Texas Department of Mental Health and
           Mental Retardation permission to sell the Property
           described in Section 2 of this bill through a
           competitive bid process conducted by the General Land
           Office.  Interest in the mineral estate of the Property
           is excluded.

           (b)  Excludes Section 31.158, of the Natural Resources
           Code.

SECTION 2  Describes the Property to be sold as recorded in the
           real property records of Howard County, Texas.

SECTION 3  Emergency clause.  Effective upon passage.




SUMMARY OF COMMITTEE ACTION

H.B. 2140 was considered by the committee in a public hearing on
April 11, 1995.

The following person testified in favor of the bill:

           Representative David Counts.

The following person testified neutrally on the bill:

           Commissioner Garry Mauro, representing the General Land
Office.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.