By Naishtat                                           H.B. No. 1648
         76R5132 JJT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to management of real property and construction and
 1-3     management of certain improvements by the Texas Department of
 1-4     Mental Health and Mental Retardation.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 533.005, Health and Safety Code, is
 1-7     amended to read as follows:
 1-8           Sec. 533.005.   EASEMENTS. [(a)] The department may grant a
 1-9     temporary or permanent easement or right-of-way on [easements to
1-10     construct water,  natural gas, telephone, telegraph, or electric
1-11     power lines across] land held by the department.  The department
1-12     must grant an easement or right-of-way [the easements] on terms and
1-13     conditions the department considers to be in the state's best
1-14     interest.
1-15           [(b)  The department may grant permanent and temporary
1-16     easements and rights-of-way across department facility land as
1-17     necessary to ensure the efficient and expeditious construction,
1-18     improvement, renovation, use, and operation of the facility.]
1-19           SECTION 2.  Section 533.084, Health and Safety Code, is
1-20     amended by amending Subsection (b) and adding Subsection (e) to
1-21     read as follows:
1-22           (b)  The proceeds from the lease, transfer, or disposal of
1-23     surplus real property, including any improvements, shall be
1-24     deposited to the credit of the department in the Texas capital
 2-1     trust fund established under Chapter 2201, Government Code.  The
 2-2     proceeds and any interest from the proceeds may be appropriated
 2-3     only[:]
 2-4                 [(1)]  for improvements to the department's system of
 2-5     facilities[; and]
 2-6                 [(2)  to fund the community centers facilities
 2-7     construction and renovation fund for improvements and renovations
 2-8     authorized by Sections 534.023 and 534.024].
 2-9           (e)  Notwithstanding Subsection (c), the department may enter
2-10     into an agreement with the General Land Office to administer lease
2-11     proposals.  If the General Land Office administers a lease proposal
2-12     under this subsection, notice that the property is offered for
2-13     lease must be published in accordance with Section 32.107, Natural
2-14     Resources Code.
2-15           SECTION 3.  Section 533.087, Health and Safety Code, is
2-16     amended by adding Subsection (g) to read as follows:
2-17           (g)  Notwithstanding Subsections (a) and (b), the department
2-18     may enter into an agreement with the General Land Office to
2-19     administer lease proposals.  If the General Land Office administers
2-20     a lease proposal under this subsection, notice that the property is
2-21     offered for lease must be published in accordance with Section
2-22     32.107, Natural Resources Code.
2-23           SECTION 4.   Sections 534.023-534.030, Health and Safety
2-24     Code, are repealed.
2-25           SECTION 5.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended,
 3-3     and that this Act take effect and be in force from and after its
 3-4     passage, and it is so enacted.