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. 2-14 * * * * *