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.
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