Senate Research CenterS.B. 725
By: Bivins
Natural Resources


Currently, the Texas Department of Mental Health and Mental Retardation
(MHMR) provides services at the former Amarillo State Center.  During the
76th Legislative Session, S.B. 358 authorized the transition of the
Amarillo State Center to local governance and, as part of the transition,
the Amarillo State Center facility (land, buildings, and site improvements)
was leased to the Texas Panhandle MHMR.  The Texas Panhandle MHMR desires
to establish ownership of these properties; however, its budget does not
provide for funds to purchase or rent a facility in keeping with the
previous Amarillo State Center budget.  S.B. 725 authorizes the Texas
Department of Mental Health and Mental Retardation to convey real property
located in Potter County to the Texas Panhandle MHMR for use as a facility
to provide community-based mental health and mental retardation services. 


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


SECTION 1.  (a) Authorizes the Texas Department of Mental Health and Mental
Retardation (department), not later than May 31, 2002, to transfer to the
Texas Panhandle Mental Health Authority 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 in Subsection (f) of
this section. 

(b) 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 the Texas Panhandle Mental Health Authority (authority) to use the
property in a manner that primarily promotes a public purpose of the state
by using the property to provide communitybased mental health services.
Provides that, if Texas Panhandle Mental Health Authority fails to use the
property in that manner for more than 180 continuous days, ownership of the
property automatically reverts to the department. 

(c) Requires the department to transfer the property by deed without
warranties regarding covenants of title.  Requires the instrument of
transfer to include a provision that meets certain requirements. 

  (d) Provides that the state reserves certain interests and rights.  

(e) 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. 

(f) Specifies by name and description the real property to which Subsection
(a) of this  section refers. 

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