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.