AN ACT
1-1 relating to management of real property and 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 a
1-8 temporary or permanent easement or right-of-way on [easements 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 an easement or right-of-way [the easements] on terms and
1-12 conditions the department considers to be in the state's best
1-13 interest.
1-14 [(b) The department may grant permanent and temporary
1-15 easements and rights-of-way across department facility land as
1-16 necessary to ensure the efficient and expeditious construction,
1-17 improvement, renovation, use, and operation of the facility.]
1-18 SECTION 2. Section 533.084, Health and Safety Code, is
1-19 amended by amending Subsection (b) and adding Subsection (e) to
1-20 read as follows:
1-21 (b) The proceeds from the lease, transfer, or disposal of
1-22 surplus real property, including any improvements, shall be
1-23 deposited to the credit of the department in the Texas capital
1-24 trust fund established under Chapter 2201, Government Code. The
2-1 proceeds and any interest from the proceeds may be appropriated
2-2 only[:]
2-3 [(1)] for improvements to the department's system of
2-4 facilities[; and]
2-5 [(2) to fund the community centers facilities
2-6 construction and renovation fund for improvements and renovations
2-7 authorized by Sections 534.023 and 534.024].
2-8 (e) Notwithstanding Subsection (c), the department may enter
2-9 into a written agreement with the General Land Office to administer
2-10 lease proposals. If the General Land Office administers a lease
2-11 proposal under the agreement, notice that the property is offered
2-12 for lease must be published in accordance with Section 32.107,
2-13 Natural Resources Code.
2-14 SECTION 3. Section 533.087, Health and Safety Code, is
2-15 amended by adding Subsection (g) to read as follows:
2-16 (g) Notwithstanding Subsections (a) and (b), the department
2-17 may enter into a written agreement with the General Land Office to
2-18 administer lease proposals. If the General Land Office administers
2-19 a lease proposal under the agreement, notice that the property is
2-20 offered for lease must be published in accordance with Section
2-21 32.107, Natural Resources Code.
2-22 SECTION 4. Sections 534.023 through 534.030, Health and
2-23 Safety Code, are repealed.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 199 passed the Senate on
April 19, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 25, 1999, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 199 passed the House, with
amendment, on May 22, 1999, by the following vote: Yeas 144,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor