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.