SRC-MKV S.B. 1002 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1002
By: Zaffirini
Health & Human Services
6/8/2001
Enrolled


DIGEST AND PURPOSE 

Historically, the Texas Department of Mental Health and Mental Retardation
(MHMR) provided services at the former Laredo State Center (center).
During the 76th Legislature, S.B. 358 authorized the transition of the
center to local governance.  As part of the transition, the center facility
was leased to the Border Region MHMR Center on September 1, 2000, in
accordance with a transition plan approved by the MHMR board.  The Border
Region MHMR Center desires to establish ownership of the property.  S.B.
1002 allows MHMR to transfer real property to the Border Region MHMR Center
and requires the property to be used to provide mental health and/or 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 (MHMR) to transfer to the Border Region MHMR Community
Center (center) 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 (f) of this section. 
 
(b)  Authorizes MHMR to transfer the property described by Subsection (f)
of this section on the earlier of the date the conditions imposed by the
deeds to the state recorded at Volume 659, Pages 52-53, and Volume 674,
Pages 326-327, in the real property records of Webb County, expire; or the
federal government agrees to terminate the conditions subsequent imposed by
the deeds to the state recorded at Volume 659, Pages 52-53, and Volume 674,
Pages 3226-327, in the real property records of Webb County. 
 
(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 the center 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 the center fails to use the property in that manner for more than
180 continuous days, ownership of the property automatically reverts to
MHMR. 
 
(d)  Requires MHMR 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. 
  
(e)  Provides that Sections 533.084 and 533.087, Health and Safety Code,
and Sections 31.1571 and 31.158, Natural Resources Code, do not apply to a
transfer of real property authorized by this Act. 
 
(f)  Provides that the real property to which Subsection (a) of this
section refers consists of the  former site of the Laredo State Center
situated at 1500 Pappas St., Laredo, Texas, and is comprised of two
contiguous parcels, collectively constituting +/- 14.234 acres of land
described by certain parameters. 

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