1-1     By:  Moncrief                                          S.B. No. 199
 1-2           (In the Senate - Filed January 20, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     April 12, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; April 12, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to management of real property and the construction and
 1-9     management of certain improvements by the Texas Department of
1-10     Mental Health and Mental Retardation.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 533.005, Health and Safety Code, is
1-13     amended to read as follows:
1-14           Sec. 533.005.  EASEMENTS.  [(a)]  The department may grant
1-15     permanent and temporary easements and rights-of-way on [to
1-16     construct water, natural gas, telephone, telegraph, or electric
1-17     power lines across] land held by the department.  The department
1-18     must grant the easements and rights-of-way on terms and conditions
1-19     the department considers to be in the state's best interest.
1-20           [(b)  The department may grant permanent and temporary
1-21     easements and rights-of-way across department facility land as
1-22     necessary to ensure the efficient and expeditious construction,
1-23     improvement, renovation, use, and operation of the facility.]
1-24           SECTION 2.  Section 533.084, Health and Safety Code, is
1-25     amended by amending Subsection (b) and adding Subsection (e) to
1-26     read as follows:
1-27           (b)  The proceeds from the lease, transfer, or disposal of
1-28     surplus real property, including any improvements, shall be
1-29     deposited to the credit of the department in the Texas  capital
1-30     trust fund established under Chapter 2201, Government Code.  The
1-31     proceeds and any interest from the proceeds may be appropriated
1-32     only[:]
1-33                 [(1)]  for improvements to the department's system of
1-34     facilities[; and]
1-35                 [(2)  to fund the community centers facilities
1-36     construction and renovation fund for improvements and renovations
1-37     authorized by Sections 534.023 and 534.024].
1-38           (e)  Notwithstanding Subsection (c), the department may enter
1-39     into an agreement with the General Land Office to administer lease
1-40     proposals, in which case notice shall be published in accordance
1-41     with Section 32.107, Natural Resources Code.
1-42           SECTION 3.  Section 533.087, Health and Safety Code, is
1-43     amended by adding Subsection (g) to read as follows:
1-44           (g)  Notwithstanding Subsection (b), the department may enter
1-45     into an agreement with the General Land Office to administer lease
1-46     proposals, in which case notice shall be published in accordance
1-47     with Section 32.107, Natural Resources Code.
1-48           SECTION 4.  Sections 534.023 through 534.030, Health and
1-49     Safety Code, are repealed.
1-50           SECTION 5.  The importance of this legislation and the
1-51     crowded condition of the calendars in both houses create an
1-52     emergency and an imperative public necessity that the
1-53     constitutional rule requiring bills to be read on three several
1-54     days in each house be suspended, and this rule is hereby suspended,
1-55     and that this Act take effect and be in force from and after its
1-56     passage, and it is so enacted.
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