SRC-PNG S.B. 396 76(R)BILL ANALYSIS


Senate Research CenterS.B. 396
By: Moncrief
Natural Resources
6/23/1999
Enrolled


DIGEST 

Currently, the State of Texas owns certain real property in Howard and
Tarrant counties.  This bill authorizes the Texas Department of Mental
Health and Mental Retardation to convey certain real property to certain
companies to provide community-based mental health and mental retardation
services. 

PURPOSE

As enrolled, S.B. 396 conveys certain state property in Howard and Tarrant
counties to certain companies to provide community-based mental health and
mental retardation services. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Authorizes the Texas Department of Mental Health and Mental
Retardation (MHMR) to convey all or any portion of the state's interest in
real property described by Subsection (e) to the West Texas Centers for
Mental Health and Mental Retardation (WTC).  Provides that the reservations
contained in the deed run with the land and are binding on  WTC.
Authorizes WTC to use the property only for a certain purpose.  Provides
that if WTC discontinues use of the property for the authorized purpose for
more than 180 continuous days, ownership of the property automatically
reverts to MHMR.  Requires MHMR to convey the property by an appropriate
instrument of conveyance.  Requires the instrument of conveyance to include
certain provisions. Provides the legal description of the Howard County
property to be conveyed. 

SECTION 2. Authorizes MHMR to convey all or any portion of the real
property described by Subsection (f) to the Tarrant County  Mental Health
and Mental Retardation Services (TCMHMR) for a certain purpose.  Requires
the conditions precedent and possibility of revertor established in the
deed to run with the land and are binding on TCMHMR.  Authorizes TCMHMR to
use the property only for certain purposes.  Requires TCMHMR to immediately
notify MHMR if TCMHMR determines that the property will not be used for the
authorized purposes for more than 60 continuous days.  Authorizes TCMHMR to
enter into a binding agreement to sell or otherwise dispose of the property
if certain conditions are met.  Requires MHMR to convey the property by an
appropriate instrument of conveyance.  Requires the instrument of
conveyance to include certain provisions. Provides the legal description of
the Tarrant County property to be conveyed. 

SECTION 3. Reserves to the State of Texas all mineral rights for property
to be conveyed as authorized by this Act. 

SECTION 4. Provides that Sections 31.1571 and 31.158, Natural Resources
Code, and Sections 533.084 and 533.087, Health and Safety Code, do not
apply to the conveyances authorized by this Act. 

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