SRC-MKV C.S.S.B. 1002 77(R)BILL ANALYSIS Senate Research CenterC.S.S.B. 1002 77R12558 PAM-FBy: Zaffirini Health & Human Services 4/23/2001 Committee Report (Substituted) 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. C.S.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. SUMMARY OF COMMITTEE CHANGES Differs from original in SECTION 1, as follows: _In Subsection (a), eliminates proposed language "Not later than May 31, 2002," and makes a conforming change. _Switches the order of original Subsections (b) and (c) and changes the proposed language in original Subsection (c). _Changes the language in Subsection (d) to eliminate some of the provisions required to be contained in the instrument of transfer. _Eliminates original Subsection (e) providing that the state reserves certain rights. _Redesignates original Subsections (f) and (g) as (e) and (f).