By: Swinford (Senate Sponsor - Seliger) H.B. No. 3169

(In the Senate - Received from the House April 16, 2007; April 19, 2007, read first time and referred to Committee on Health and Human Services; May 2, 2007, reported favorably by the following vote: Yeas 9, Nays 0; May 2, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Texas Health and Human Services Commission, on behalf of the Department of State Health Services or the Department of Aging and Disability Services, as appropriate, to Texas Panhandle Mental Health Mental Retardation.

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

SECTION 1. (a) Not later than May 31, 2008, the Texas Health and Human Services Commission may transfer, on behalf of the Department of State Health Services or the Department of Aging and Disability Services, as appropriate, to Texas Panhandle Mental Health Mental Retardation 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 (f) of this section.

(b) Consideration for the transfer authorized by Subsection (a) of this section shall be in the form of an agreement between the parties that requires Texas Panhandle Mental Health Mental Retardation 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 and mental retardation services. If Texas Panhandle Mental Health Mental Retardation fails to use the property in that manner for more than 180 continuous days, ownership of the property automatically reverts to the Department of State Health Services or the Department of Aging and Disability Services, as appropriate.

(c) The Texas Health and Human Services Commission, on behalf of 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) requires Texas Panhandle Mental Health Mental Retardation 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 and mental retardation services; and

(2) indicates that ownership of the property automatically reverts to the Department of State Health Services or the Department of Aging and Disability Services, as appropriate, if Texas Panhandle Mental Health Mental Retardation fails to use the property in that manner for more than 180 continuous days.

(d) The state reserves:

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

(2) its right to remove from the real property described by Subsection (f) 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 (f) of this section relating to the removal of oil, gas, and other minerals in and under the real property.

(e) 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.

(f) The real property to which Subsection (a) of this section refers is described as follows:

The former site of the Amarillo State Center situated at 901 Wallace Street, Amarillo, Texas, and comprised of three contiguous parcels, collectively constituting =/- 12.1665 acres of land as set forth below:

(1) A tract of land known as Tract 1 in Block 4 of the plat of Amarillo Medical Center, an addition to the City of Amarillo, Potter County, Texas, containing =/- 10.10 acres of land and further described in a deed to the state recorded at Volume 1037, Page 569, of the Deed Records of Potter County.

(2) A tract of land being a portion of Lot 3, Block 4, Amarillo Medical Center, an addition to the City of Amarillo, Potter County, Texas, containing =/- 1.4441 acres of land and further described in a deed to the state recorded at Volume 2370, Page 55, of the Deed Records of Potter County.

(3) A tract of land out of Lot 3, Block 4 of Amarillo Medical Center, an addition to the City of Amarillo, Potter County, Texas, containing =/- 0.6224 acres of land and further described in a deed to the state recorded at Volume 2370, Page 59, of the Deed Records of Potter 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.

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