By:  Moncrief                                          S.B. No. 199
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to management of real property and the construction and
 1-2     management of certain improvements by the Texas Department of
 1-3     Mental Health and Mental Retardation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 533.005, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 533.005.  EASEMENTS.  [(a)]  The department may grant
 1-8     permanent and temporary easements and rights-of-way on [to
 1-9     construct water, natural gas, telephone, telegraph, or electric
1-10     power lines across] land held by the department.  The department
1-11     must grant the easements and rights-of-way on terms and conditions
1-12     the department considers to be in the state's best interest.
1-13           [(b)  The department may grant permanent and temporary
1-14     easements and rights-of-way across department facility land as
1-15     necessary to ensure the efficient and expeditious construction,
1-16     improvement, renovation, use, and operation of the facility.]
1-17           SECTION 2.  Section 533.084, Health and Safety Code, is
1-18     amended by amending Subsection (b) and adding Subsection (e) to
1-19     read as follows:
1-20           (b)  The proceeds from the lease, transfer, or disposal of
1-21     surplus real property, including any improvements, shall be
1-22     deposited to the credit of the department in the Texas  capital
1-23     trust fund established under Chapter 2201, Government Code.  The
1-24     proceeds and any interest from the proceeds may be appropriated
 2-1     only[:]
 2-2                 [(1)]  for improvements to the department's system of
 2-3     facilities[; and]
 2-4                 [(2)  to fund the community centers facilities
 2-5     construction and renovation fund for improvements and renovations
 2-6     authorized by Sections 534.023 and 534.024].
 2-7           (e)  Notwithstanding Subsection (c), the department may enter
 2-8     into an agreement with the General Land Office to administer lease
 2-9     proposals, in which case notice shall be published in accordance
2-10     with Section 32.107, Natural Resources Code.
2-11           SECTION 3.  Section 533.087, Health and Safety Code, is
2-12     amended by adding Subsection (g) to read as follows:
2-13           (g)  Notwithstanding Subsection (b), the department may enter
2-14     into an agreement with the General Land Office to administer lease
2-15     proposals, in which case notice shall be published in accordance
2-16     with Section 32.107, Natural Resources Code.
2-17           SECTION 4.  Sections 534.023 through 534.030, Health and
2-18     Safety Code, are repealed.
2-19           SECTION 5.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended,
2-24     and that this Act take effect and be in force from and after its
2-25     passage, and it is so enacted.