SRC-JXG S.B. 199 76(R)BILL ANALYSIS


Senate Research CenterS.B. 199
By: Moncrief
Natural Resources
6/28/1999
Enrolled


DIGEST 

Currently, the Texas Department of Mental Health and Mental Retardation
(TXMHMR) grants easements and rights only to the operation of a facility.
TXMHMR utilizes the General Land Office (office) to administer its lease
proposals.  S.B. 199 will authorize TXMHMR to grant easements and rights of
way for constructing or accessing improvements on TXMHMR's leased property,
and will allow the office to publish notice of leases in accordance with
the Natural Resources Code. 

PURPOSE

As enrolled, S.B. 199 authorizes the Texas Department of Mental Health and
Mental Retardation 
to grant easements and enter into land agreements.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 533.005, Health and Safety Code, to authorize the
Texas Department of Mental Health and Mental Retardation (TXMHMR) to grant
permanent and temporary easement or right-of-way, rather than to construct
water, natural gas, telephone, telegraph, or electric power lines across,
on land held by TXMHMR. Deletes text granting easements. Makes a conforming
change. 

SECTION 2. Amends Section 533.084, Health and Safety Code, by amending
Subsection (b) and adding Subsection (e), as follows: 

 (b)  Deletes text regarding providing funds. 

(e)  Authorizes TXMHMR to enter into a written agreement with the General
Land Office (office) to administer lease proposals, notwithstanding
Subsection (c).  Requires the notice that the property is offered for lease
to be published in accordance with Section 32.107, Natural Resources Code,
if the office administers a lease proposal under the agreement. Makes
conforming changes. 

SECTION 3. Amends Section 533.087, Health and Safety Code, by adding
Subsection (g), to authorize TXMHMR to enter into a written agreement with
the office to administer lease proposals, notwithstanding Subsections (a)
and (b).  Requires the notice that the property is offered for lease to be
published in accordance with Section 32.107, Natural Resources Code, if the
office administers a lease proposal under the agreement. 

SECTION 4. Repealers: Sections 534.023 through 534.030, Health and Safety
Code, as follows: 
 
 Repealer: Section 534.023 (Construction of Facilities by Department).
 Repealer: Section 534.024 (Department Funding for Facility Renovation). 
 Repealer: Section 534.025 (Priorities for Funding).
 Repealer: Section 534.026 (Terms of Construction or Renovation Agreement).
Repealer: Section 534.027 (Community Centers Facilities Construction and
Renovation  Fund).  
 Repealer: Section 534.028 (Transfer of Title; Release of Lien).
 Repealer: Section 534.029 (Default).
 Repealer: Section 534.030 (State Funds). 

SECTION 5. Emergency clause.
           Effective date: upon passage.