HBA-KDB, LJP H.B. 1628 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1628 By: Deshotel Land & Resource Management 3/14/2001 Introduced BACKGROUND 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). However, 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. House Bill 1628 authorizes MHMR to convey real property at the former site of the Beaumont State Center to Spindletop for use as a facility to provide community-based mental health and mental retardation services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1628 amends law to authorize the Texas Department of Mental Health and Mental Retardation (MHMR) to convey, on behalf of the state, all or any portion of the state's interest in the real property of the former site of the Beaumont State Center to Spindletop Mental Health and Mental Retardation Services (Spindletop) for use as a facility to provide community-based mental health and mental retardation services. The bill provides that any and all effective restrictive conditions on the various parcels of land as set forth in deeds to the state and in the deed records of Jefferson County run with the land and are binding on Spindletop. The bill requires MHMR to convey the property by a deed without warranties and provides that the instrument must include provisions that relate to the restrictive conditions on the property, require the property to be continuously used for mental health and/or mental retardation purposes, and requires the property to automatically revert to the State of Texas for the use and benefit of MHMR if any of the restrictive conditions are continuously breached for a period of 180 days. The bill provides that the state reserves its property interest in all oil, gas, and other minerals in and under the land conveyed and the right and power to remove any and all of the oil, gas, and minerals, including any right and power to grant oil, gas, and mineral leases held by the state before the conveyance of the property. EFFECTIVE DATE On passage.