Senate Research Center   C.S.S.B. 725
By: Bivins
Natural Resources
Committee Report (Substituted)


Currently, the Texas Department of Mental Health and Mental Retardation
(department) 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 Texas Panhandle MHMR.  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.   C.S.S.B. 725 authorizes the
department to convey real property located in Potter County to 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 Texas
Panhandle Mental Health and Mental Retardation (MHMR) 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 Texas Panhandle MHMR 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 and mental retardation services.
Provides that, if Texas Panhandle MHMR 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.

SECTION 1.  Amends As Filed S.B. 725 to replace "Texas Panhandle Mental
Health Authority" with "Texas Panhandle Mental Health and Mental
Retardation."  Requires the agreement to require the transferred property
to be used to provide community-based mental health services and mental
retardation services. 

SECTION 2.  No changes in text.