76R15222 PAM-F
By Moncrief, et al. S.B. No. 396
Substitute the following for S.B. No. 396:
By Krusee C.S.S.B. No. 396
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the conveyance of certain state property
1-3 located in Howard and Tarrant counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) The Texas Department of Mental Health and
1-6 Mental Retardation may convey, on behalf of the state, all or any
1-7 portion of the state's interest in the real property, including the
1-8 land and all improvements affixed to the land, described by
1-9 Subsection (e) of this section to the West Texas Centers for Mental
1-10 Health and Mental Retardation for use as a facility to provide
1-11 community-based mental health and mental retardation services.
1-12 (b) The reservations contained in the deed to the state
1-13 recorded at volume 642, page 480, of the Deed Records of Howard
1-14 County run with the land and are binding on the West Texas Centers
1-15 for Mental Health and Mental Retardation.
1-16 (c) The West Texas Centers for Mental Health and Mental
1-17 Retardation may use the property conveyed under this section only
1-18 for the purpose of providing community-based mental health and
1-19 mental retardation services. If the West Texas Centers for Mental
1-20 Health and Mental Retardation discontinues using the property for
1-21 the purpose of providing community-based mental health and mental
1-22 retardation services for more than 180 continuous days, ownership
1-23 of the property automatically reverts to the Texas Department of
2-1 Mental Health and Mental Retardation.
2-2 (d) The Texas Department of Mental Health and Mental
2-3 Retardation shall convey the property by an appropriate instrument
2-4 of conveyance. The instrument of conveyance must include a
2-5 provision that:
2-6 (1) indicates that the reservations described by
2-7 Subsection (b) of this section are binding on the West Texas
2-8 Centers for Mental Health and Mental Retardation;
2-9 (2) requires the West Texas Centers for Mental Health
2-10 and Mental Retardation to use the property only for the purpose of
2-11 providing community-based mental health and mental retardation
2-12 services; and
2-13 (3) indicates that ownership of the property
2-14 automatically reverts to the Texas Department of Mental Health and
2-15 Mental Retardation if the West Texas Centers for Mental Health and
2-16 Mental Retardation discontinues using the property for the purpose
2-17 of providing community-based mental health and mental retardation
2-18 services for more than 180 continuous days.
2-19 (e) The real property referred to in Subsection (a) of this
2-20 section consists of an administrative office building and adjacent
2-21 parking lot described as Lots 5, 6, and 7, Block 19, Original Town
2-22 Site, Big Spring, Howard County, Texas, and further described as a
2-23 +/- 0.48 acre tract in a deed to the state recorded at volume 642,
2-24 page 480, of the Deed Records of Howard County.
2-25 SECTION 2. (a) The Texas Department of Mental Health and
2-26 Mental Retardation may convey, on behalf of the state, all or any
2-27 portion of the state's interest in the real property, including the
3-1 land and all improvements affixed to the land, described by
3-2 Subsection (f) of this section to Tarrant County Mental Health and
3-3 Mental Retardation Services for use as a facility to provide
3-4 community-based mental health and mental retardation services or
3-5 services for the treatment of alcohol and substance abuse.
3-6 (b) The conditions precedent and possibility of reverter
3-7 established in the deed to the state recorded at volume 8528, page
3-8 2057, of the Deed Records of Tarrant County run with the land and
3-9 are binding on Tarrant County Mental Health and Mental Retardation
3-10 Services.
3-11 (c) Tarrant County Mental Health and Mental Retardation
3-12 Services may use the property conveyed under this section only for
3-13 the purpose of providing community-based mental health and mental
3-14 retardation services or services for the treatment of alcohol and
3-15 substance abuse. Tarrant County Mental Health and Mental
3-16 Retardation Services shall immediately notify the Texas Department
3-17 of Mental Health and Mental Retardation if Tarrant County Mental
3-18 Health and Mental Retardation Services determines that the property
3-19 will not be used to provide the services described by this
3-20 subsection for more than 60 continuous days.
3-21 (d) Tarrant County Mental Health and Mental Retardation
3-22 Services may enter into a binding agreement to sell or otherwise
3-23 dispose of the property if Tarrant County Mental Health and Mental
3-24 Retardation Services:
3-25 (1) provides notice of the intent to sell or otherwise
3-26 dispose of the property to the Texas Department of Mental Health
3-27 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
4-27 Health and Mental Retardation Services determines that the property
5-1 will not be used to provide the services described by Subdivision
5-2 (2) of this subsection for more than 60 continuous days.
5-3 (f) The real property referred to in Subsection (a) of this
5-4 section consists of the former site of the Tarrant County
5-5 Psychiatric Hospital situated at 1527 Hemphill Street in Fort
5-6 Worth, Tarrant County, Texas, and further described as a +/- 3.98
5-7 acre tract in a deed to the state recorded at volume 8528, page
5-8 2057, of the Deed Records of Tarrant County.
5-9 SECTION 3. The state reserves its property interest in all
5-10 oil, gas, and other minerals in and under the land conveyed as
5-11 authorized by this Act and the right and power to remove any or all
5-12 of the oil, gas, or other minerals, including any right and power
5-13 to grant oil, gas, and mineral leases held by the state before the
5-14 conveyance of the property described by this Act.
5-15 SECTION 4. Sections 31.1571 and 31.158, Natural Resources
5-16 Code, and Sections 533.084 and 533.087, Health and Safety Code, do
5-17 not apply to the conveyances authorized by this Act.
5-18 SECTION 5. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended,
5-23 and that this Act take effect and be in force from and after its
5-24 passage, and it is so enacted.