1-1     By:  Moncrief                                          S.B. No. 459
 1-2           (In the Senate - Filed February 10, 1999; February 15, 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 the conveyance of certain state-owned real property by
 1-9     the Texas Department of Mental Health and Mental Retardation.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Notwithstanding Section 533.084, Health and
1-12     Safety Code, the Texas Department of Mental Health and Mental
1-13     Retardation may convey, on behalf of the state, all or any portion
1-14     of the state's interest in the real property described in Section 2
1-15     of this Act, including all improvements affixed to the real
1-16     property, at terms and conditions that are in the best interest of
1-17     the state and persons served by the department.
1-18           SECTION 2.  The real property authorized for conveyance by
1-19     Section 1 of this Act consists of 57 individual parcels of real
1-20     property located in numerous counties of the State of Texas that
1-21     were purchased under authority granted by Rider 35, page II-57,
1-22     Article II, Chapter 78, Acts of the 70th Legislature, 2nd Called
1-23     Session, 1987 (the General Appropriations Act), Section 9, Chapter
1-24     229, Acts of the 71st Legislature, Regular Session, 1989, and
1-25     Section 4.01, Chapter 27, Acts of the 71st Legislature, 6th Called
1-26     Session, 1990, specifically for the purpose of providing
1-27     community-based facilities for difficult-to-place persons with
1-28     mental retardation.
1-29           SECTION 3.  There is hereby reserved and excepted unto the
1-30     State of Texas and not conveyed to the buyer of any property
1-31     authorized for conveyance by this Act any interest in oil, gas, and
1-32     other minerals in and under said land, as such interests are held
1-33     by the state prior to the conveyance, and the right and power to
1-34     remove any and all of said minerals, including the right and power
1-35     to grant oil, gas, and mineral leases, as such rights and powers
1-36     are held by the state prior to conveyance.
1-37           SECTION 4.  Proceeds resulting from the conveyance of real
1-38     property authorized by this Act shall be deposited in accordance
1-39     with Subsection (b), Section 533.084, Health and Safety Code, in
1-40     the Texas capital trust fund, established under Chapter 2201,
1-41     Government Code, and expended only for the purposes authorized by
1-42     Section 533.084, Health and Safety Code.
1-43           SECTION 5.  Sections 31.1571 and 31.158, Natural Resources
1-44     Code, and Sections 533.084 and 533.087, Health and Safety Code, do
1-45     not apply to the conveyances authorized by this Act except as
1-46     specified in Section 4 of this Act.
1-47           SECTION 6.  The importance of this legislation and the
1-48     crowded condition of the calendars in both houses create an
1-49     emergency and an imperative public necessity that the
1-50     constitutional rule requiring bills to be read on three several
1-51     days in each house be suspended, and this rule is hereby suspended,
1-52     and that this Act take effect and be in force from and after its
1-53     passage, and it is so enacted.
1-54                                  * * * * *