By: Bivins S.B. No. 725 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 Texas 1-4 Panhandle Mental Health and Mental Retardation. 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 Texas Panhandle Mental Health and Mental Retardation all or part of 1-9 the real property, including the improvements affixed to the 1-10 property and excluding the mineral interest in and under the 1-11 property, described by Subsection (f) of this section. 1-12 (b) Consideration for the transfer authorized by Subsection 1-13 (a) of this section shall be in the form of an agreement between 1-14 the parties that requires Texas Panhandle Mental Health and Mental 1-15 Retardation to use the property in a manner that primarily promotes 1-16 a public purpose of the state by using the property to provide 1-17 community-based mental health and mental retardation services. If 1-18 Texas Panhandle Mental Health and Mental Retardation fails to use 1-19 the property in that manner for more than 180 continuous 1-20 days, ownership of the property automatically reverts to the Texas 1-21 Department of Mental Health and Mental Retardation. 1-22 (c) The Texas Department of Mental Health and Mental 1-23 Retardation shall transfer the property by deed without warranties 1-24 regarding covenants of title. The instrument of transfer must 1-25 include a provision that: 2-1 (1) requires Texas Panhandle Mental Health and Mental 2-2 Retardation to use the property in a manner that primarily promotes 2-3 a public purpose of the state by using the property to provide 2-4 community-based mental health and mental retardation services; and 2-5 (2) indicates that ownership of the property 2-6 automatically reverts to the Texas Department of Mental Health and 2-7 Mental Retardation if Texas Panhandle Mental Health and Mental 2-8 Retardation fails to use the property in that manner for more than 2-9 180 continuous days. 2-10 (d) The state reserves: 2-11 (1) its interest in all oil, gas, and other minerals 2-12 in and under the real property described by Subsection (f) of this 2-13 section; 2-14 (2) its right to remove from the real property 2-15 described by Subsection (f) of this section any oil, gas, and other 2-16 minerals in and under the real property; and 2-17 (3) its right to grant leases held by the state before 2-18 a conveyance of real property described by Subsection (f) of this 2-19 section relating to the removal of oil, gas, and other minerals in 2-20 and under the real property. 2-21 (e) Sections 533.084 and 533.087, Health and Safety Code, 2-22 and Sections 31.1571 and 31.158, Natural Resources Code, do not 2-23 apply to a transfer of real property authorized by this Act. 2-24 (f) The real property to which Subsection (a) of this 2-25 section refers is described as follows: 2-26 The former site of the Amarillo State Center situated at 901 3-1 Wallace Street, Amarillo, Texas, and comprised of three contiguous 3-2 parcels, collectively constituting +/- 12.1665 acres of land as set 3-3 forth below: 3-4 (1) A tract of land known as Tract 1 in Block 4 of the 3-5 plat of Amarillo Medical Center, an addition to the City of 3-6 Amarillo, Potter County, Texas, containing +/- 10.10 acres of land 3-7 and further described in a deed to the state recorded at Volume 3-8 1037, Page 569, of the Deed Records of Potter County. 3-9 (2) A tract of land being a portion of Lot 3, Block 4, 3-10 Amarillo Medical Center, an addition to the City of Amarillo, 3-11 Potter County, Texas, containing +/- 1.4441 acres of land and 3-12 further described in a deed to the state recorded at Volume 2370, 3-13 Page 55, of the Deed Records of Potter County. 3-14 (3) A tract of land out of Lot 3, Block 4 of Amarillo 3-15 Medical Center, an addition to the City of Amarillo, Potter County, 3-16 Texas, containing +/- 0.6224 acres of land and further described in 3-17 a deed to the state recorded at Volume 2370, Page 59, of the Deed 3-18 Records of Potter County. 3-19 SECTION 2. This Act takes effect immediately if it receives 3-20 a vote of two-thirds of all the members elected to each house, as 3-21 provided by Section 39, Article III, Texas Constitution. If this 3-22 Act does not receive the vote necessary for immediate effect, this 3-23 Act takes effect September 1, 2001.