SRC-MWN H.B. 1628 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1628
77R9577 AJA-FBy: Deshotel (Bernsen)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Prior to the 76th legislative session, the Texas Department of Mental
Health and Mental Retardation (MHMR) provided mental health and mental
retardation services at the Beaumont State Center. Sunset legislation for
MHMR passed in the 76th legislative session (Senate Bill 358) contained a
provision that authorized the transfer of Beaumont State Center to local
governance. As a part of the transfer, the Beaumont State Center facility
was leased to Spindletop Mental Health and Mental Retardation Services
(Spindletop). Spindletop would like to establish ownership, but
Spindletop's budget does not provide funds to purchase a facility such as
the former Beaumont State Center. H.B. 1628 authorizes MHMR to transfer
certain real property for nonmonetary consideration to Spindletop for use
as a facility to provide community-based mental health and mental
retardation services.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. (a) Authorizes the Texas Department of Mental Health and Mental
Retardation, not later than May 31, 2002, to transfer to Spindletop MHMR
Services all or part of the real property, including the improvements
affixed to the property and excluding the mineral interest in and under the
property, described by Subsection (h) of this section. 

(b) Provides that if the Texas Department of Mental Health and Mental
Retardation transfers the property described by Subsection (h) of this
section, the transfer does not obligate Spindletop MHMR Services for any
debt related to the property accrued before the transfer. 

(c) Requires consideration for the transfer authorized by Subsection (a) of
this section to be in the form of an agreement between the parties that
requires Spindletop MHMR Services to use the property in a manner that
primarily promotes a public purpose of the state by using the property to
provide community-based mental health or mental retardation services.
Provides that if Spindletop MHMR Services fails to use the property in that
manner for more than 180 continuous days, ownership of the property
automatically reverts to the Texas Department of Mental Health and Mental
Retardation. 

(d) Provides that any restrictive conditions imposed by a deed transferring
the property described by Subsection (h) of this section to the state
recorded in the real property records of Jefferson County are binding on
the property transaction authorized by this section. 

(e) Requires the Texas Department of Mental Health and Mental Retardation
to transfer the property by deed without warranties regarding covenants of
title. Requires  the instrument of transfer to include a certain
provisions. 

  (f) Provides that the state reserves certain rights or interest.

(g) Provides that Sections 533.084 (Management of Surplus Real Property)
and 533.087 (Lease of Real Property), Health and Safety Code, and Sections
31.1571 (Disposal of Unused or Underused Property) and 31.158 (Real Estate
Transaction Authorized by Legislature), Natural Resources Code, do not
apply to a transfer of real property authorized by this Act. 

(h) Provides that the real property to which Subsection (a) of this section
refers consists of a certain site. 

SECTION 2. Effective date: upon passage or September 1, 2001.