By Siebert                                            H.B. No. 3076
       74R2638 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the Texas Department of Mental Health
    1-3  and Mental Retardation to sell real property.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 533.084(a)-(c), Health and Safety Code,
    1-6  are amended to read as follows:
    1-7        (a)  To the extent provided by this subtitle, the department
    1-8  may sell, lease, transfer, or otherwise dispose of any surplus real
    1-9  property, including any improvements under its management and
   1-10  control, or authorize the sale, lease, transfer, or disposal of the
   1-11  property.  Surplus property is property the board designates as
   1-12  having minimal value to the present service delivery system and
   1-13  projects to have minimal value to the service delivery system as
   1-14  described in the department's long-range plan.
   1-15        (b)  The proceeds from the sale, lease, transfer, or disposal
   1-16  of surplus real property, including any improvements, shall be
   1-17  deposited to the credit of the department in the Texas capital
   1-18  trust fund established under Chapter 2201, Government Code <Article
   1-19  601e, Revised Statutes>.  The proceeds and any interest from the
   1-20  proceeds may be appropriated only:
   1-21              (1)  for improvements to the department's system of
   1-22  facilities; and
   1-23              (2)  to fund the community centers facilities
   1-24  construction and renovation fund for improvements and renovations
    2-1  authorized by Sections 534.023 and 534.024.
    2-2        (c)  A sale or lease proposal shall be advertised at least
    2-3  once a week for four consecutive weeks in at least two newspapers.
    2-4  One newspaper must be a newspaper published in the municipality in
    2-5  which the property is located or the daily newspaper published
    2-6  nearest to the property's location.  The other newspaper must have
    2-7  statewide circulation.  A sale or <Each> lease is subject to the
    2-8  attorney general's approval as to substance and form.  The board
    2-9  shall adopt forms, rules, and contracts that, in the board's best
   2-10  judgment, will protect the state's interests.  The board may reject
   2-11  any or all bids.
   2-12        SECTION 2.  This Act takes effect September 1, 1995.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.