By Deshotel H.B. No. 1628
77R9577 AJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of certain state property from the Texas
1-3 Department of Mental Health and Mental Retardation to Spindletop
1-4 MHMR Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. (a) Not later than May 31, 2002, the Texas
1-7 Department of Mental Health and Mental Retardation may transfer to
1-8 Spindletop MHMR Services all or part of the real property,
1-9 including the improvements affixed to the property and excluding
1-10 the mineral interest in and under the property, described by
1-11 Subsection (h) of this section.
1-12 (b) If the Texas Department of Mental Health and Mental
1-13 Retardation transfers the property described by Subsection (h) of
1-14 this section, the transfer does not obligate Spindletop MHMR
1-15 Services for any debt related to the property accrued before the
1-16 transfer.
1-17 (c) Consideration for the transfer authorized by Subsection
1-18 (a) of this section shall be in the form of an agreement between
1-19 the parties that requires Spindletop MHMR Services to use the
1-20 property in a manner that primarily promotes a public purpose of
1-21 the state by using the property to provide community-based mental
1-22 health or mental retardation services. If Spindletop MHMR Services
1-23 fails to use the property in that manner for more than 180
1-24 continuous days, ownership of the property automatically reverts
2-1 to the Texas Department of Mental Health and Mental Retardation.
2-2 (d) Any restrictive conditions imposed by a deed
2-3 transferring the property described by Subsection (h) of this
2-4 section to the state recorded in the real property records of
2-5 Jefferson County are binding on the property transaction authorized
2-6 by this section.
2-7 (e) The Texas Department of Mental Health and Mental
2-8 Retardation shall transfer the property by deed without warranties
2-9 regarding covenants of title. The instrument of transfer must
2-10 include a provision that:
2-11 (1) indicates that any restrictive conditions imposed
2-12 by a deed described by Subsection (d) of this section are binding
2-13 on the property transaction described by the instrument of
2-14 transfer;
2-15 (2) requires Spindletop MHMR Services to use the
2-16 property in a manner that primarily promotes a public purpose of
2-17 the state by using the property to provide community-based mental
2-18 health or mental retardation services; and
2-19 (3) indicates that ownership of the property
2-20 automatically reverts to the Texas Department of Mental Health and
2-21 Mental Retardation if Spindletop MHMR Services fails to use the
2-22 property in a manner that complies with the conditions imposed
2-23 under this subsection for more than 180 continuous days.
2-24 (f) The state reserves:
2-25 (1) its interest in all oil, gas, and other minerals
2-26 in and under the real property described by Subsection (h) of this
2-27 section;
3-1 (2) its right to remove from the real property
3-2 described by Subsection (h) of this section any oil, gas, and other
3-3 minerals in and under the real property; and
3-4 (3) its right to grant leases held by the state before
3-5 a conveyance of real property described by Subsection (h) of this
3-6 section relating to the removal of oil, gas, and other minerals in
3-7 and under the real property.
3-8 (g) Sections 533.084 and 533.087, Health and Safety Code,
3-9 and Sections 31.1571 and 31.158, Natural Resources Code, do not
3-10 apply to a transfer of real property authorized by this Act.
3-11 (h) The real property to which Subsection (a) of this
3-12 section refers consists of the former site of the Beaumont State
3-13 Center situated primarily at 655 South 8th Street, Beaumont, Texas,
3-14 and comprises three contiguous parcels, collectively constituting
3-15 +/- 13.085 acres of land, an adjacent parcel of +/- 1.961 acres,
3-16 and a single parcel in Port Arthur constituting +/- 2.7614,
3-17 described as follows:
3-18 (1)(i) +/- 2.181 acre tract of land out of the David
3-19 Brown Survey, Jefferson County, Texas, and more
3-20 particularly described as Tract 72 B by metes and
3-21 bounds in a deed to the state recorded at Volume 1465,
3-22 Page 455, of the Deed Records of Jefferson County;
3-23 (ii) +/- 1.09 acre tract of land out the David Brown
3-24 Survey, Jefferson County, Texas and more particularly
3-25 described as Tract 73 by metes and bounds in that
3-26 Beaumont City Ordinance of May 10th, 1966, and recorded
3-27 as file 713511 in the Deed Records of Jefferson County;
4-1 (iii) +/- 9.814 acre tract of land out of the David
4-2 Brown Survey, Jefferson County, Texas and more
4-3 particularly described as Tract 73 A by metes and
4-4 bounds in a deed to the state recorded at Volume 1830,
4-5 Page 1, of the Deed Records of Jefferson County;
4-6 (2) +/- 1.961 acre tract of land out of the Noah Tevis
4-7 League in Beaumont, Jefferson County, Texas and more
4-8 particularly described as Tract 66 by metes and bounds
4-9 in a deed to the state recorded at Volume 2271, Page
4-10 133, of the Deed Records of Jefferson County; and
4-11 (3) +/- 2.7614 acre tract of land out of Lot 6, Block
4-12 9, Range 1 of the Port Arthur Land Company Subdivision,
4-13 Jefferson County, Texas, and being a part of that
4-14 +/- 6.06 acre tract recorded as file 8332212 of the
4-15 deed records of Jefferson County and more particularly
4-16 described by metes and bounds in that Partition
4-17 Agreement of August 26, 1991, between Mental
4-18 Health--Mental Retardation of Southeast Texas/Life
4-19 Resources, Inc., the Texas Department of Mental Health
4-20 and Mental Retardation, and Jefferson County, and
4-21 recorded as file 9129306 of Deed Records of Jefferson
4-22 County.
4-23 SECTION 2. This Act takes effect immediately if it receives
4-24 a vote of two-thirds of all the members elected to each house, as
4-25 provided by Section 39, Article III, Texas Constitution. If this
4-26 Act does not receive the vote necessary for immediate effect, this
4-27 Act takes effect September 1, 2001.