80R412 AJA-F

By: Deshotel H.B. No. 1759

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Health and Human Services Commission, the Department of State Health Services, or the Department of Aging and Disability Services to Spindletop MHMR Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Not later than May 31, 2008, the Health and Human Services Commission, the Department of State Health Services, or the Department of Aging and Disability Services, as appropriate, may transfer to Spindletop MHMR Services all or part of the real property, including the improvements affixed to the property and excluding the mineral interest in and under the property, described by Subsection (h) of this section.

(b) If the Health and Human Services Commission, the Department of State Health Services, or the Department of Aging and Disability Services transfers the property described by Subsection (h) of this section, the transfer does not obligate Spindletop MHMR Services for any debt related to the property accrued before the transfer.

(c) Consideration for the transfer authorized by Subsection (a) of this section shall be in the form of an agreement between the parties that requires Spindletop MHMR Services to use the property in a manner that primarily promotes a public purpose of the state by using the property to provide community-based mental health or mental retardation services. If Spindletop MHMR Services fails to use the property in that manner for more than 180 continuous days, ownership of the property automatically reverts to the entity that transferred the property to Spindletop MHMR Services.

(d) Any restrictive conditions imposed by a deed transferring the property described by Subsection (h) of this section to the state recorded in the real property records of Jefferson County are binding on the property transaction authorized by this section.

(e) The Health and Human Services Commission, the Department of State Health Services, or the Department of Aging and Disability Services, as appropriate, shall transfer the property by deed without warranties regarding covenants of title. The instrument of transfer must include a provision that:

(1) indicates that any restrictive conditions imposed by a deed described by Subsection (d) of this section are binding on the property transaction described by the instrument of transfer;

(2) requires Spindletop MHMR Services to use the property in a manner that primarily promotes a public purpose of the state by using the property to provide community-based mental health or mental retardation services; and

(3) indicates that ownership of the property automatically reverts to the entity that transferred the property to Spindletop MHMR Services if Spindletop MHMR Services fails to use the property in a manner that complies with the conditions imposed under this subsection for more than 180 continuous days.

(f) The state reserves:

(1) its interest in all oil, gas, and other minerals in and under the real property described by Subsection (h) of this section;

(2) its right to remove from the real property described by Subsection (h) of this section any oil, gas, and other minerals in and under the real property; and

(3) its right to grant leases held by the state before a conveyance of real property described by Subsection (h) of this section relating to the removal of oil, gas, and other minerals in and under the real property.

(g) Sections 533.084 and 533.087, Health and Safety Code, and Sections 31.1571 and 31.158, Natural Resources Code, do not apply to a transfer of real property authorized by this Act.

(h) The real property to which Subsection (a) of this section refers consists of the former site of the Beaumont State Center situated primarily at 655 South 8th Street, Beaumont, Texas, and comprises three contiguous parcels, collectively constituting =/- 13.085 acres of land, an adjacent parcel of =/- 1.961 acres, and a single parcel in Port Arthur constituting =/- 2.7614, described as follows:

(1)(i) =/- 2.181 acre tract of land out of the David Brown Survey, Jefferson County, Texas, and more particularly described as Tract 72 B by metes and bounds in a deed to the state recorded at Volume 1465, Page 455, of the Deed Records of Jefferson County;

(ii) =/- 1.09 acre tract of land out the David Brown Survey, Jefferson County, Texas and more particularly described as Tract 73 by metes and bounds in that Beaumont City Ordinance of May 10th, 1966, and recorded as file 713511 in the Deed Records of Jefferson County;

(iii) =/- 9.814 acre tract of land out of the David Brown Survey, Jefferson County, Texas and more particularly described as Tract 73 A by metes and bounds in a deed to the state recorded at Volume 1830, Page 1, of the Deed Records of Jefferson County;

(2) =/- 1.961 acre tract of land out of the Noah Tevis League in Beaumont, Jefferson County, Texas and more particularly described as Tract 66 by metes and bounds in a deed to the state recorded at Volume 2271, Page 133, of the Deed Records of Jefferson County; and

(3) =/- 2.7614 acre tract of land out of Lot 6, Block 9, Range 1 of the Port Arthur Land Company Subdivision, Jefferson County, Texas, and being a part of that =/- 6.06 acre tract recorded as file 8332212 of the deed records of Jefferson County and more particularly described by metes and bounds in that Partition Agreement of August 26, 1991, between Mental Health--Mental Retardation of Southeast Texas/Life Resources, Inc., the Texas Department of Mental Health and Mental Retardation, and Jefferson County, and recorded as file 9129306 of Deed Records of Jefferson County.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.