HBA-NIK, NIK C.S.S.B. 199 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 199
By: Moncrief
Land & Resource Management
5/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Board of Mental Health and Mental Retardation (board)
is not authorized to approve the use of easements or rights-of-way on land
held by the Texas Department of Mental Health and Mental Retardation
(department), unless the use relates to the operation of a department
facility.  In addition, the department is required to use statewide
advertising to lease departmentowned land.  There is also concern that the
community centers facilities construction and renovation fund is obsolete. 

C.S.S.B. 199 allows the board to grant easements or rights-of-way on land
held by the department, enter into an agreement with the General Land
Office to administer lease proposals, and provides notice requirements for
department-held property that is offered for lease.  This bill also repeals
specified sections of the Health and Safety Code relating to the community
centers facilities construction and renovation fund. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 533.005, Health and Safety Code, as follows:

Sec. 533.005. EASEMENTS.  Authorizes the Texas Department of Mental Health
and Mental Retardation (department) to grant a temporary or permanent
easement or right-of-way on land held by the department.  Deletes language
authorizing the department to grant easements to construct water, natural
gas, telephone, telegraph, or electric power lines across land held by the
department. Deletes existing Subsection (b) which authorizes the department
to grant permanent and temporary easements and rights-of-way across
department facility land as necessary to ensure the efficient and
expeditious construction, improvement, renovation, use, and operation of
the facility.  Makes conforming changes. 

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

(b)  Deletes language authorizing any proceeds and any interest from the
proceeds to be appropriated to fund the community centers facilities
construction and renovation fund for improvements and renovations, leaving
the authorization for such proceeds only to be appropriated for
improvements to the department's system of facilities. Makes conforming and
nonsubstantive changes. 

(e) Authorizes the department to enter into an agreement with the General
Land Office to administer lease proposals, notwithstanding Subsection (c)
(regarding the advertisement of lease proposals and the approval of leases
by the attorney general's office).  Provides that if the General Land
Office administers a lease proposal under the agreement the notice must be
published in accordance with Section 32.107 (Notice of Sale, Lease, and
Contract for Development), Natural Resources Code. 
 
SECTION 3.  Amends Section 533.087, Health and Safety Code, by adding
Subsection (g), to authorize the department, notwithstanding Subsections
(a) and (b) (relating to publication of lease proposals), to enter into an
agreement with the General Land Office to administer lease proposals.
Provides that if the General Land Office administers a lease proposal under
the agreement, notice that the property is offered for lease must be
published in accordance with Section 32.107 (Notice of Sale, Lease, and
Contract for Development), Natural Resources Code. 

SECTION 4.  Repealer: Sections 534.023-534.030 (Construction of Facilities
by Department; Department Funding for Facility Renovation; Priorities for
Funding; Terms of Construction or Renovation Agreement; Community Centers
Facilities Construction and Renovation Fund; Transfer of Title; Release of
Lien; Default; and State Funds, respectively), Health and Safety Code. 

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 199 amends SECTION 1 (Section 533.005, Easements) of the original,
to clarify that the Texas Department of Mental Health and Mental
Retardation (department) may grant a temporary or permanent easement or
right-of-way on land held by the department. Makes a conforming change. 

C.S.S.B. 199 modifies SECTION 2, proposed Subsection (e), Section 533.087,
Health and Safety Code, to reorganize text for the purpose of clarity. 

C.S.S.B. 199 modifies SECTION 3, proposed Subsection (g), Section 533.087,
Health and Safety Code, of the original to reorganize text for the purpose
of clarity. 

C.S.S.B. 199 modifies SECTION 4 (Repealer) in the original, to conform with
Legislative Council Format.