By Bivins S.B. No. 725
77R4650 PAM-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 Texas
1-4 Panhandle Mental Health Authority.
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 Authority all or part of the real
1-9 property, including the improvements affixed to the property and
1-10 excluding the mineral interest in and under the property, described
1-11 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 Authority
1-15 to use the property in a manner that primarily promotes a public
1-16 purpose of the state by using the property to provide
1-17 community-based mental health services. If Texas Panhandle Mental
1-18 Health Authority fails to use the property in that manner for more
1-19 than 180 continuous days, ownership of the property automatically
1-20 reverts to the Texas Department of Mental Health and Mental
1-21 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
2-1 include a provision that:
2-2 (1) requires Texas Panhandle Mental Health Authority
2-3 to use the property in a manner that primarily promotes a public
2-4 purpose of the state by using the property to provide
2-5 community-based mental health services; and
2-6 (2) indicates that ownership of the property
2-7 automatically reverts to the Texas Department of Mental Health and
2-8 Mental Retardation if Texas Panhandle Mental Health Authority fails
2-9 to use the property in that manner for more than 180 continuous
2-10 days.
2-11 (d) The state reserves:
2-12 (1) its interest in all oil, gas, and other minerals
2-13 in and under the real property described by Subsection (f) of this
2-14 section;
2-15 (2) its right to remove from the real property
2-16 described by Subsection (f) of this section any oil, gas, and other
2-17 minerals in and under the real property; and
2-18 (3) its right to grant leases held by the state before
2-19 a conveyance of real property described by Subsection (f) of this
2-20 section relating to the removal of oil, gas, and other minerals in
2-21 and under the real property.
2-22 (e) Sections 533.084 and 533.087, Health and Safety Code,
2-23 and Sections 31.1571 and 31.158, Natural Resources Code, do not
2-24 apply to a transfer of real property authorized by this Act.
2-25 (f) The real property to which Subsection (a) of this
2-26 section refers is described as follows:
2-27 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.