BILL ANALYSIS



S.B. 1327
By: Montford (Counts)
April 24, 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 TXMHMR 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 TXMHMR.  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 Department of
Mental Health and Mental Retardation to sell the described Property
located in Big Spring, Howard County, Texas to the highest bidder
through a competitive bid process conducted by the GLO.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1  (a) Authorizes the Texas Department of Mental Health and
           Mental Retardation to convey for consideration, by a
           competitive bid process conducted by the General Land
           Office, all or part of the state's interest, excluding
           the interest in the mineral estate, in the unimproved
           real property described by Section 2 of this Act. 
           Authorizes the General Land Office to reject any or all
           bids.

           (b) Provides that Section 31.158, Natural Resources
           Code, does not apply to this Act.

SECTION 2  Sets forth the territory contained in the real property
           referred to in Section 1.

SECTION 3  Emergency clause.
           Effective upon passage.


SUMMARY OF COMMITTEE ACTION

S.B. 1327 was considered by the committee in a formal meeting on
April 24, 1995.

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 8
ayes, 0 nays, 0 pnv, 1 absent.