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