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.