1-1     By:  Zaffirini                                        S.B. No. 1002
 1-2           (In the Senate - Filed February 28, 2001; March 1, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 24, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 24, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1002                By:  Moncrief
 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 the Border
1-12     Region MHMR Community Center.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  (a)  The Texas Department of Mental Health and
1-15     Mental Retardation may transfer to the Border Region MHMR Community
1-16     Center all or part of the real property, including the improvements
1-17     affixed to the property and excluding the mineral interest in and
1-18     under the property, described by Subsection (f) of this section.
1-19           (b)  The Texas Department of Mental Health and Mental
1-20     Retardation may transfer the property described by Subsection (f)
1-21     of this section on the earlier of the date:
1-22                 (1)  the conditions subsequent imposed by the deeds to
1-23     the state recorded at Volume 659, Pages 52-53, and Volume 674,
1-24     Pages 326-327, in the real property records of Webb County, expire;
1-25     or
1-26                 (2)  the federal government agrees to terminate the
1-27     conditions subsequent imposed by the deeds to the state recorded at
1-28     Volume 659, Pages 52-53, and Volume 674, Pages 326-327, in the real
1-29     property records of Webb County.
1-30           (c)  Consideration for the transfer authorized by Subsection
1-31     (a) of this section shall be in the form of an agreement between
1-32     the parties that requires the Border Region MHMR Community Center
1-33     to use the property in a manner that primarily promotes a public
1-34     purpose of the state by using the property to provide
1-35     community-based mental health and mental retardation services.  If
1-36     the Border Region MHMR Community Center fails to use the property
1-37     in that manner for more than 180 continuous days,  ownership of the
1-38     property automatically reverts to the Texas Department of Mental
1-39     Health and Mental Retardation.
1-40           (d)  The Texas Department of Mental Health and Mental
1-41     Retardation shall transfer the property by deed without warranties
1-42     regarding covenants of title. The instrument of transfer must
1-43     include a provision that:
1-44                 (1)  requires the Border Region MHMR Community Center
1-45     to use the property in a manner that primarily promotes a public
1-46     purpose of the state by using the property to provide
1-47     community-based mental health and mental retardation services; and
1-48                 (2)  indicates that ownership of the property
1-49     automatically reverts to the Texas Department of Mental Health and
1-50     Mental Retardation if the Border Region MHMR Community Center fails
1-51     to use the property in the manner described by Subdivision (1) of
1-52     this subsection for more than 180 continuous days.
1-53           (e)  Sections 533.084 and 533.087, Health and Safety Code,
1-54     and Sections 31.1571 and 31.158, Natural Resources Code, do not
1-55     apply to a transfer of real property authorized by this Act.
1-56           (f)  The real property to which Subsection (a) of this
1-57     section refers consists of the former site of the Laredo State
1-58     Center situated at 1500 Pappas St., Laredo, Texas, and is comprised
1-59     of two contiguous parcels, collectively constituting +/- 14.234
1-60     acres of land described as follows:
1-61                 (1)  A +/- 9.234 acre tract of land located in Survey
1-62                 1020, and partly in the original City of Laredo Tract,
1-63                 both within the Laredo Air Force Base enclosure,
1-64                 Laredo, Webb County, and further described in a deed to
 2-1                 the state recorded at Volume 659 Page 50-1 of the Deed
 2-2                 Records of Webb County.
 2-3                 (2)  A +/- 5.00 acre tract of land out of that tract of
 2-4                 316.47 acres as conveyed by the United States of
 2-5                 America, acting by and through the General Services
 2-6                 Administration, to the City of Laredo, and further
 2-7                 described in a deed to the state recorded at Volume
 2-8                 674, Page 325, of the Deed Records of Webb County.
 2-9           SECTION 2.  This Act takes effect immediately if it receives
2-10     a vote of two-thirds of all the members elected to each house, as
2-11     provided by Section 39, Article III, Texas Constitution.  If this
2-12     Act does not receive the vote necessary for immediate effect, this
2-13     Act takes effect September 1, 2001.
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