By:  Moncrief                                          S.B. No. 459
         99S0140/1                           
                                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.