By: Moncrief S.B. No. 459
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the conveyance of certain state-owned real property by
1-2 the Texas Department of Mental Health and Mental Retardation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Notwithstanding Section 533.084, Health and
1-5 Safety Code, the Texas Department of Mental Health and Mental
1-6 Retardation may convey, on behalf of the state, all or any portion
1-7 of the state's interest in the real property described in Section 2
1-8 of this Act, including all improvements affixed to the real
1-9 property, at terms and conditions that are in the best interest of
1-10 the state and persons served by the department.
1-11 SECTION 2. The real property authorized for conveyance by
1-12 Section 1 of this Act consists of 57 individual parcels of real
1-13 property located in numerous counties of the State of Texas that
1-14 were purchased under authority granted by Rider 35, page II-57,
1-15 Article II, Chapter 78, Acts of the 70th Legislature, 2nd Called
1-16 Session, 1987 (the General Appropriations Act), Section 9, Chapter
1-17 229, Acts of the 71st Legislature, Regular Session, 1989, and
1-18 Section 4.01, Chapter 27, Acts of the 71st Legislature, 6th Called
1-19 Session, 1990, specifically for the purpose of providing
1-20 community-based facilities for difficult-to-place persons with
1-21 mental retardation.
1-22 SECTION 3. There is hereby reserved and excepted unto the
1-23 State of Texas and not conveyed to the buyer of any property
1-24 authorized for conveyance by this Act any interest in oil, gas, and
2-1 other minerals in and under said land, as such interests are held
2-2 by the state prior to the conveyance, and the right and power to
2-3 remove any and all of said minerals, including the right and power
2-4 to grant oil, gas, and mineral leases, as such rights and powers
2-5 are held by the state prior to conveyance.
2-6 SECTION 4. Proceeds resulting from the conveyance of real
2-7 property authorized by this Act shall be deposited in accordance
2-8 with Subsection (b), Section 533.084, Health and Safety Code, in
2-9 the Texas capital trust fund, established under Chapter 2201,
2-10 Government Code, and expended only for the purposes authorized by
2-11 Section 533.084, Health and Safety Code.
2-12 SECTION 5. Sections 31.1571 and 31.158, Natural Resources
2-13 Code, and Sections 533.084 and 533.087, Health and Safety Code, do
2-14 not apply to the conveyances authorized by this Act except as
2-15 specified in Section 4 of this Act.
2-16 SECTION 6. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.