AN ACT 1-1 relating to authorizing the conveyance of certain state property 1-2 located in Howard and Tarrant counties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. (a) The Texas Department of Mental Health and 1-5 Mental Retardation may convey, on behalf of the state, all or any 1-6 portion of the state's interest in the real property, including the 1-7 land and all improvements affixed to the land, described by 1-8 Subsection (e) of this section to the West Texas Centers for Mental 1-9 Health and Mental Retardation for use as a facility to provide 1-10 community-based mental health and mental retardation services. 1-11 (b) The reservations contained in the deed to the state 1-12 recorded at volume 642, page 480, of the Deed Records of Howard 1-13 County run with the land and are binding on the West Texas Centers 1-14 for Mental Health and Mental Retardation. 1-15 (c) The West Texas Centers for Mental Health and Mental 1-16 Retardation may use the property conveyed under this section only 1-17 for the purpose of providing community-based mental health and 1-18 mental retardation services. If the West Texas Centers for Mental 1-19 Health and Mental Retardation discontinues using the property for 1-20 the purpose of providing community-based mental health and mental 1-21 retardation services for more than 180 continuous days, ownership 1-22 of the property automatically reverts to the Texas Department of 1-23 Mental Health and Mental Retardation. 1-24 (d) The Texas Department of Mental Health and Mental 2-1 Retardation shall convey the property by an appropriate instrument 2-2 of conveyance. The instrument of conveyance must include a 2-3 provision that: 2-4 (1) indicates that the reservations described by 2-5 Subsection (b) of this section are binding on the West Texas 2-6 Centers for Mental Health and Mental Retardation; 2-7 (2) requires the West Texas Centers for Mental Health 2-8 and Mental Retardation to use the property only for the purpose of 2-9 providing community-based mental health and mental retardation 2-10 services; and 2-11 (3) indicates that ownership of the property 2-12 automatically reverts to the Texas Department of Mental Health and 2-13 Mental Retardation if the West Texas Centers for Mental Health and 2-14 Mental Retardation discontinues using the property for the purpose 2-15 of providing community-based mental health and mental retardation 2-16 services for more than 180 continuous days. 2-17 (e) The real property referred to in Subsection (a) of this 2-18 section consists of an administrative office building and adjacent 2-19 parking lot described as Lots 5, 6, and 7, Block 19, Original Town 2-20 Site, Big Spring, Howard County, Texas, and further described as a 2-21 +/- 0.48 acre tract in a deed to the state recorded at volume 642, 2-22 page 480, of the Deed Records of Howard County. 2-23 SECTION 2. (a) The Texas Department of Mental Health and 2-24 Mental Retardation may convey, on behalf of the state, all or any 2-25 portion of the state's interest in the real property, including the 2-26 land and all improvements affixed to the land, described by 3-1 Subsection (f) of this section to Tarrant County Mental Health and 3-2 Mental Retardation Services for use as a facility to provide 3-3 community-based mental health and mental retardation services or 3-4 services for the treatment of alcohol and substance abuse. 3-5 (b) The conditions precedent and possibility of reverter 3-6 established in the deed to the state recorded at volume 8528, page 3-7 2057, of the Deed Records of Tarrant County run with the land and 3-8 are binding on Tarrant County Mental Health and Mental Retardation 3-9 Services. 3-10 (c) Tarrant County Mental Health and Mental Retardation 3-11 Services may use the property conveyed under this section only for 3-12 the purpose of providing community-based mental health and mental 3-13 retardation services or services for the treatment of alcohol and 3-14 substance abuse. Tarrant County Mental Health and Mental 3-15 Retardation Services shall immediately notify the Texas Department 3-16 of Mental Health and Mental Retardation if Tarrant County Mental 3-17 Health and Mental Retardation Services determines that the property 3-18 will not be used to provide the services described by this 3-19 subsection for more than 60 continuous days. 3-20 (d) Tarrant County Mental Health and Mental Retardation 3-21 Services may enter into a binding agreement to sell or otherwise 3-22 dispose of the property if Tarrant County Mental Health and Mental 3-23 Retardation Services: 3-24 (1) provides notice of the intent to sell or otherwise 3-25 dispose of the property to the Texas Department of Mental Health 3-26 and Mental Retardation no later than the 180th day before: 4-1 (A) the 60th day after the date Tarrant County 4-2 Mental Health and Mental Retardation Services discontinues using 4-3 the property to provide the services described by Subsection (c) of 4-4 this section; or 4-5 (B) the date Tarrant County Mental Health and 4-6 Mental Retardation Services enters into a binding agreement to sell 4-7 or otherwise dispose of the property; and 4-8 (2) obtains approval from the Texas Board of Mental 4-9 Health and Mental Retardation regarding the use and allocation of 4-10 the proceeds of the sale or other disposition of the property. 4-11 (e) The Texas Department of Mental Health and Mental 4-12 Retardation shall convey the property by an appropriate instrument 4-13 of conveyance. The instrument of conveyance must include a 4-14 provision that: 4-15 (1) indicates that the conditions precedent and 4-16 possibility of reverter described by Subsection (b) of this section 4-17 are binding on Tarrant County Mental Health and Mental Retardation 4-18 Services; 4-19 (2) requires Tarrant County Mental Health and Mental 4-20 Retardation Services to use the property only for the purpose of 4-21 providing community-based mental health and mental retardation 4-22 services or services for the treatment of alcohol and substance 4-23 abuse; and 4-24 (3) requires Tarrant County Mental Health and Mental 4-25 Retardation Services to immediately notify the Texas Department of 4-26 Mental Health and Mental Retardation if Tarrant County Mental 5-1 Health and Mental Retardation Services determines that the property 5-2 will not be used to provide the services described by Subdivision 5-3 (2) of this subsection for more than 60 continuous days. 5-4 (f) The real property referred to in Subsection (a) of this 5-5 section consists of the former site of the Tarrant County 5-6 Psychiatric Hospital situated at 1527 Hemphill Street in Fort 5-7 Worth, Tarrant County, Texas, and further described as a +/- 3.98 5-8 acre tract in a deed to the state recorded at volume 8528, page 5-9 2057, of the Deed Records of Tarrant County. 5-10 SECTION 3. The state reserves its property interest in all 5-11 oil, gas, and other minerals in and under the land conveyed as 5-12 authorized by this Act and the right and power to remove any or all 5-13 of the oil, gas, or other minerals, including any right and power 5-14 to grant oil, gas, and mineral leases held by the state before the 5-15 conveyance of the property described by this Act. 5-16 SECTION 4. Sections 31.1571 and 31.158, Natural Resources 5-17 Code, and Sections 533.084 and 533.087, Health and Safety Code, do 5-18 not apply to the conveyances authorized by this Act. 5-19 SECTION 5. The importance of this legislation and the 5-20 crowded condition of the calendars in both houses create an 5-21 emergency and an imperative public necessity that the 5-22 constitutional rule requiring bills to be read on three several 5-23 days in each house be suspended, and this rule is hereby suspended, 5-24 and that this Act take effect and be in force from and after its 5-25 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 396 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 27, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 396 passed the House, with amendment, on May 25, 1999, by the following vote: Yeas 145, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor