By Zaffirini                                          S.B. No. 1002
         77R8295 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 the Border
 1-4     Region MHMR Community Center.
 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     the Border Region MHMR Community Center 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 (g) 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 the Border Region MHMR Community Center
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 and mental retardation services.  If
1-18     the Border Region MHMR Community Center fails to use the property
1-19     in that manner for more than 180 continuous days,  ownership of the
1-20     property automatically reverts to the Texas Department of Mental
1-21     Health and Mental Retardation.
1-22           (c)  The conditions subsequent imposed by the deeds
1-23     transferring the property described by Subsection (g) of this
1-24     section to the state recorded at Volume 659, Pages 52-53, and
 2-1     Volume 674, Pages 326-327, in the real property records of Webb
 2-2     County, are binding on the property transaction authorized by this
 2-3     section.  The Border Region MHMR Community Center is obligated in
 2-4     the same manner as the Texas Department of Mental Health and Mental
 2-5     Retardation under the deeds described by this subsection.  If the
 2-6     Border Region MHMR Community Center fails to comply with the
 2-7     conditions subsequent imposed by this subsection for more than 180
 2-8     continuous days, ownership of the property automatically reverts to
 2-9     the Texas Department of Mental Health and Mental Retardation.
2-10           (d)  The Texas Department of Mental Health and Mental
2-11     Retardation shall transfer the property by deed without warranties
2-12     regarding covenants of title. The instrument of transfer must
2-13     include a provision that:
2-14                 (1)  indicates that the conditions subsequent imposed
2-15     by the deeds described by Subsection (c) of this section are
2-16     binding on the property transaction described by the instrument of
2-17     transfer and that the Border Region MHMR Community Center is
2-18     obligated in the same manner as the Texas Department of Mental
2-19     Health and Mental Retardation under the described deeds;
2-20                 (2)  requires the Border Region MHMR Community Center
2-21     to use the property in a manner that primarily promotes a public
2-22     purpose of the state by using the property to provide
2-23     community-based mental health and mental retardation services;
2-24                 (3)  indicates that ownership of the property
2-25     automatically reverts to the Texas Department of Mental Health and
2-26     Mental Retardation if:
2-27                       (A)  the Border Region MHMR Community Center
 3-1     fails to use the property in the manner described by Subdivision
 3-2     (2) for more than 180 continuous days; or
 3-3                       (B)  the Border Region MHMR Community Center
 3-4     fails to comply with the conditions subsequent imposed under
 3-5     Subsection (c) of this section for more than 180 continuous days;
 3-6                 (4)  indicates that ownership of the property may
 3-7     revert to the federal government if the Texas Department of Mental
 3-8     Health and Mental Retardation fails to comply with the conditions
 3-9     subsequent imposed under the deeds described by Subsection (c) of
3-10     this section for more than six months after the ownership of the
3-11     property reverts to the Texas Department of Mental Health and
3-12     Mental Retardation under Subsection (d)(3)(B) of this section; and
3-13                 (5)  requires the Border Region MHMR Community Center
3-14     to submit:
3-15                       (A)  an annual report to the United States
3-16     Department of Health and Human Services describing the operation
3-17     and maintenance of the property; and
3-18                       (B)  data to the United States Department of
3-19     Health and Human Services, if required by the United States
3-20     Department of Health and Human Services, that indicates that the
3-21     use of the property complies with the conditions subsequent imposed
3-22     by Subsection (c) of this section.
3-23           (e)  The state reserves:
3-24                 (1)  its interest in all oil, gas, and other minerals
3-25     in and under the real property described by Subsection (g) of this
3-26     section;
3-27                 (2)  its right to remove from the real property
 4-1     described by Subsection (g) of this section any oil, gas, and other
 4-2     minerals in and under the real property; and
 4-3                 (3)  its right to grant leases held by the state before
 4-4     a conveyance of real property described by Subsection (g) of this
 4-5     section relating to the removal of oil, gas, and other minerals in
 4-6     and under the real property.
 4-7           (f)  Sections 533.084 and 533.087, Health and Safety Code,
 4-8     and Sections 31.1571 and 31.158, Natural Resources Code, do not
 4-9     apply to a transfer of real property authorized by this Act.
4-10           (g)  The real property to which Subsection (a) of this
4-11     section refers consists of the former site of the Laredo State
4-12     Center situated at 1500 Pappas St., Laredo, Texas, and is comprised
4-13     of two contiguous parcels, collectively constituting +/- 14.234
4-14     acres of land described as follows:
4-15                 (1)  A +/- 9.234 acre tract of land located in Survey
4-16                 1020, and partly in the original City of Laredo Tract,
4-17                 both within the Laredo Air Force Base enclosure,
4-18                 Laredo, Webb County, and further described in a deed to
4-19                 the state recorded at Volume 659 Page 50-1 of the Deed
4-20                 Records of Webb County.
4-21                 (2)  A +/- 5.00 acre tract of land out of that tract of
4-22                 316.47 acres as conveyed by the United States of
4-23                 America, acting by and through the General Services
4-24                 Administration, to the City of Laredo, and further
4-25                 described in a deed to the state recorded at Volume
4-26                 674, Page 325, of the Deed Records of Webb County.
4-27           SECTION 2.  This Act takes effect immediately if it receives
 5-1     a vote of two-thirds of all the members elected to each house, as
 5-2     provided by Section 39, Article III, Texas Constitution.  If this
 5-3     Act does not receive the vote necessary for immediate effect, this
 5-4     Act takes effect September 1, 2001.