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.