1-1 By: Bivins S.B. No. 725 1-2 (In the Senate - Filed February 15, 2001; February 19, 2001, 1-3 read first time and referred to Committee on Natural Resources; 1-4 March 8, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; March 8, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 725 By: Bivins 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the transfer of certain state property from the Texas 1-11 Department of Mental Health and Mental Retardation to Texas 1-12 Panhandle Mental Health and Mental Retardation. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. (a) Not later than May 31, 2002, the Texas 1-15 Department of Mental Health and Mental Retardation may transfer to 1-16 Texas Panhandle Mental Health and Mental Retardation all or part of 1-17 the real property, including the improvements affixed to the 1-18 property and excluding the mineral interest in and under the 1-19 property, described by Subsection (f) of this section. 1-20 (b) Consideration for the transfer authorized by Subsection 1-21 (a) of this section shall be in the form of an agreement between 1-22 the parties that requires Texas Panhandle Mental Health and Mental 1-23 Retardation to use the property in a manner that primarily promotes 1-24 a public purpose of the state by using the property to provide 1-25 community-based mental health and mental retardation services. If 1-26 Texas Panhandle Mental Health and Mental Retardation fails to use 1-27 the property in that manner for more than 180 continuous 1-28 days, ownership of the property automatically reverts to the Texas 1-29 Department of Mental Health and Mental Retardation. 1-30 (c) The Texas Department of Mental Health and Mental 1-31 Retardation shall transfer the property by deed without warranties 1-32 regarding covenants of title. The instrument of transfer must 1-33 include a provision that: 1-34 (1) requires Texas Panhandle Mental Health and Mental 1-35 Retardation to use the property in a manner that primarily promotes 1-36 a public purpose of the state by using the property to provide 1-37 community-based mental health and mental retardation services; and 1-38 (2) indicates that ownership of the property 1-39 automatically reverts to the Texas Department of Mental Health and 1-40 Mental Retardation if Texas Panhandle Mental Health and Mental 1-41 Retardation fails to use the property in that manner for more than 1-42 180 continuous days. 1-43 (d) The state reserves: 1-44 (1) its interest in all oil, gas, and other minerals 1-45 in and under the real property described by Subsection (f) of this 1-46 section; 1-47 (2) its right to remove from the real property 1-48 described by Subsection (f) of this section any oil, gas, and other 1-49 minerals in and under the real property; and 1-50 (3) its right to grant leases held by the state before 1-51 a conveyance of real property described by Subsection (f) of this 1-52 section relating to the removal of oil, gas, and other minerals in 1-53 and under the real property. 1-54 (e) Sections 533.084 and 533.087, Health and Safety Code, 1-55 and Sections 31.1571 and 31.158, Natural Resources Code, do not 1-56 apply to a transfer of real property authorized by this Act. 1-57 (f) The real property to which Subsection (a) of this 1-58 section refers is described as follows: 1-59 The former site of the Amarillo State Center situated at 901 1-60 Wallace Street, Amarillo, Texas, and comprised of three contiguous 1-61 parcels, collectively constituting +/- 12.1665 acres of land as set 1-62 forth below: 1-63 (1) A tract of land known as Tract 1 in Block 4 of the 1-64 plat of Amarillo Medical Center, an addition to the City of 2-1 Amarillo, Potter County, Texas, containing +/- 10.10 acres of land 2-2 and further described in a deed to the state recorded at Volume 2-3 1037, Page 569, of the Deed Records of Potter County. 2-4 (2) A tract of land being a portion of Lot 3, Block 4, 2-5 Amarillo Medical Center, an addition to the City of Amarillo, 2-6 Potter County, Texas, containing +/- 1.4441 acres of land and 2-7 further described in a deed to the state recorded at Volume 2370, 2-8 Page 55, of the Deed Records of Potter County. 2-9 (3) A tract of land out of Lot 3, Block 4 of Amarillo 2-10 Medical Center, an addition to the City of Amarillo, Potter County, 2-11 Texas, containing +/- 0.6224 acres of land and further described in 2-12 a deed to the state recorded at Volume 2370, Page 59, of the Deed 2-13 Records of Potter County. 2-14 SECTION 2. This Act takes effect immediately if it receives 2-15 a vote of two-thirds of all the members elected to each house, as 2-16 provided by Section 39, Article III, Texas Constitution. If this 2-17 Act does not receive the vote necessary for immediate effect, this 2-18 Act takes effect September 1, 2001. 2-19 * * * * *