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.