SRC-ARR S.B. 459 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 459
By: Moncrief
Natural Resources
4/7/1999
As Filed


DIGEST 

Currently, the community services divisions of state facilities, that were
restructured organizationally into 13 state-operated community services
(SOCS) are being transitioned to local control. The group homes and
vocational training sites that were operated by these SOCSs are being
leased to the local community centers that are now operating them. Since
the Texas Department of Mental Health and Mental Retardation (department)
will not directly operate or control the program provided in the facilities
following completion of the transitions, it is in the best interest of the
state to sell these facilities to local services providers. S.B. 459 would
authorize the department  to sell bond-funded group homes at terms and
conditions that are in the best interest of the state and persons served by
the department.   

PURPOSE

As proposed, S.B. 459 authorizes the conveyance of  certain state-owned
real property by the Texas Department of Mental Health and Mental
Retardation. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Requires the Texas Department of Mental Health and Mental
Retardation (department) to convey, on behalf of the state, all or any
portion of the state's interest in the real property described in SECTION 2
of this Act, including all improvements affixed to the real property, at
terms and conditions that are in the best interest of the state and persons
served by the department. 

SECTION 2. Provides that the real property authorized for conveyance by
SECTION 1 of this Act consists of 57 individual parcels of real property
located in numerous counties of the State of Texas purchases under
authority granted during certain legislative sessions,  specifically for
the purpose of providing community-based facilities for difficult-to-place
persons with mental retardation. 

SECTION 3. Provides that it is hereby reserved and excepted unto the State
of Texas and  not conveyed to the buyer of any property authorized for
conveyance by this Act, any interest in oil, gas, and other minerals in and
under said land, as such interests are held by the state prior to the
conveyance, and  the right and power to remove any and all of said
minerals, including the right and power to grant oil, gas, and mineral
leases, as such rights and powers are held by the state prior to
conveyance. 

SECTION 4. Requires proceeds resulting from the conveyance of real property
authorized by this Act to be deposited in accordance with Subsection (b),
Section 533.084, Health and Safety Code, in the Texas capital trust fund,
established under Chapter 2201, Government Code, and expended only for the
purposes authorized by Section 533.084, Health and Safety Code. 

SECTION 5. 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 except as specified in
SECTION 4 of this Act.  

 SECTION 6. Emergency clause.
                      Effective date: upon passage.