1-1     By:  Deshotel (Senate Sponsor - Bernsen)              H.B. No. 1628
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the transfer of certain state property from the Texas
 1-9     Department of Mental Health and Mental Retardation to Spindletop
1-10     MHMR Services.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  (a)  Not later than May 31, 2002, the Texas
1-13     Department of Mental Health and Mental Retardation may transfer to
1-14     Spindletop MHMR Services all or part of the real property,
1-15     including the improvements affixed to the property and excluding
1-16     the mineral interest in and under the property, described by
1-17     Subsection (h) of this section.
1-18           (b)  If the Texas Department of Mental Health and Mental
1-19     Retardation transfers the property described by Subsection (h) of
1-20     this section, the transfer does not obligate Spindletop MHMR
1-21     Services for any debt related to the property accrued before the
1-22     transfer.
1-23           (c)  Consideration for the transfer authorized by Subsection
1-24     (a) of this section shall be in the form of an agreement between
1-25     the parties that requires Spindletop MHMR Services to use the
1-26     property in a manner that primarily promotes a public purpose of
1-27     the state by using the property to provide community-based mental
1-28     health or mental retardation services.  If Spindletop MHMR Services
1-29     fails to use the property in that manner for more than 180
1-30     continuous days,  ownership of the property automatically reverts
1-31     to the Texas Department of Mental Health and Mental Retardation.
1-32           (d)  Any restrictive conditions imposed by a deed
1-33     transferring the property described by Subsection (h) of this
1-34     section to the state recorded in the real property records of
1-35     Jefferson County are binding on the property transaction authorized
1-36     by this section.
1-37           (e)  The Texas Department of Mental Health and Mental
1-38     Retardation shall transfer the property by deed without warranties
1-39     regarding covenants of title. The instrument of transfer must
1-40     include a provision that:
1-41                 (1)  indicates that any restrictive conditions imposed
1-42     by a deed described by Subsection (d) of this section are binding
1-43     on the property transaction described by the instrument of
1-44     transfer;
1-45                 (2)  requires Spindletop MHMR Services to use the
1-46     property in a manner that primarily promotes a public purpose of
1-47     the state by using the property to provide community-based mental
1-48     health or mental retardation services; and
1-49                 (3)  indicates that ownership of the property
1-50     automatically reverts to the Texas Department of Mental Health and
1-51     Mental Retardation if Spindletop MHMR Services fails to use the
1-52     property in a manner that complies with the conditions imposed
1-53     under this subsection for more than 180 continuous days.
1-54           (f)  The state reserves:
1-55                 (1)  its interest in all oil, gas, and other minerals
1-56     in and under the real property described by Subsection (h) of this
1-57     section;
1-58                 (2)  its right to remove from the real property
1-59     described by Subsection (h) of this section any oil, gas, and other
1-60     minerals in and under the real property; and
1-61                 (3)  its right to grant leases held by the state before
1-62     a conveyance of real property described by Subsection (h) of this
1-63     section relating to the removal of oil, gas, and other minerals in
1-64     and under the real property.
 2-1           (g)  Sections 533.084 and 533.087, Health and Safety Code,
 2-2     and Sections 31.1571 and 31.158, Natural Resources Code, do not
 2-3     apply to a transfer of real property authorized by this Act.
 2-4           (h)  The real property to which Subsection (a) of this
 2-5     section refers consists of the former site of the Beaumont State
 2-6     Center situated primarily at 655 South 8th Street, Beaumont, Texas,
 2-7     and comprises three contiguous parcels, collectively constituting
 2-8     +/- 13.085 acres of land, an adjacent parcel of +/- 1.961 acres,
 2-9     and a single parcel in Port Arthur constituting +/- 2.7614,
2-10     described as follows:
2-11                 (1)(i)  +/- 2.181 acre tract of land out of the David
2-12                 Brown Survey, Jefferson County, Texas, and more
2-13                 particularly described as Tract 72 B by metes and
2-14                 bounds in a deed to the state recorded at Volume 1465,
2-15                 Page 455, of the Deed Records of Jefferson County;
2-16                 (ii)  +/- 1.09 acre tract of land out the David Brown
2-17                 Survey, Jefferson County, Texas and more particularly
2-18                 described as Tract 73 by metes and bounds in that
2-19                 Beaumont City Ordinance of May 10th, 1966, and recorded
2-20                 as file 713511 in the Deed Records of Jefferson County;
2-21                 (iii)  +/- 9.814 acre tract of land out of the David
2-22                 Brown Survey, Jefferson County, Texas and more
2-23                 particularly described as Tract 73 A by metes and
2-24                 bounds in a deed to the state recorded at Volume 1830,
2-25                 Page 1, of the Deed Records of Jefferson County;
2-26                 (2)  +/- 1.961 acre tract of land out of the Noah Tevis
2-27                 League in Beaumont, Jefferson County, Texas and more
2-28                 particularly described as Tract 66 by metes and bounds
2-29                 in a deed to the state recorded at Volume 2271, Page
2-30                 133, of the Deed Records of Jefferson County; and
2-31                 (3)  +/- 2.7614 acre tract of land out of Lot 6, Block
2-32                 9, Range 1 of the Port Arthur Land Company Subdivision,
2-33                 Jefferson County, Texas, and being a part of that
2-34                 +/- 6.06 acre tract recorded as file 8332212 of the
2-35                 deed records of Jefferson County and more particularly
2-36                 described by metes and bounds in that Partition
2-37                 Agreement of August 26, 1991, between Mental
2-38                 Health--Mental Retardation of Southeast Texas/Life
2-39                 Resources, Inc., the Texas Department of Mental Health
2-40                 and Mental Retardation, and Jefferson County, and
2-41                 recorded as file 9129306 of Deed Records of Jefferson
2-42                 County.
2-43           SECTION 2.  This Act takes effect immediately if it receives
2-44     a vote of two-thirds of all the members elected to each house, as
2-45     provided by Section 39, Article III, Texas Constitution.  If this
2-46     Act does not receive the vote necessary for immediate effect, this
2-47     Act takes effect September 1, 2001.
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