By: Menendez (Senate Sponsor - Uresti) H.B. No. 243

(In the Senate - Received from the House April 4, 2013; April 10, 2013, read first time and referred to Committee on Health and Human Services; May 9, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 9, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 243 By: Uresti

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a community center that provides mental health or mental retardation services to sell certain real property of the center.

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

SECTION 1. Subchapter A, Chapter 534, Health and Safety Code, is amended by adding Section 534.023 to read as follows:

Sec. 534.023. SALE OF REAL PROPERTY ACQUIRED SOLELY THROUGH PRIVATE GIFT OR GRANT. (a) Except as provided by Subsection (d), a community center may sell center real property, including a building, without the approval of the department or any local agency that appoints members to the board of trustees, only if the real property was acquired solely through a gift or grant of money or real property from a private entity, including an individual.

(b) A community center that acquires real property by gift or grant shall, on the date the center acquires the gift or grant, notify the private entity providing the gift or grant that:

(1) the center may subsequently sell the real property; and

(2) the sale is subject to the provisions of this section.

(c) Except as provided by Subsection (d), real property sold under Subsection (a) must be sold for the property's fair market value.

(d) Real property sold under Subsection (a) may be sold for less than fair market value only if the board of trustees adopts a resolution stating:

(1) the public purpose that will be achieved by the sale; and

(2) the conditions and circumstances for the sale, including conditions to accomplish and maintain the public purpose.

(e) A community center must notify the department and each local agency that appoints members to the board of trustees not later than the 31st day before the date the center enters into a binding obligation to sell real property under this section. The commissioner, on request, may waive the 30-day notice requirement on a case-by-case basis.

(f) The board shall adopt rules relating to the notification process.

(g) A community center may use proceeds received from a sale of real property under this section only for a purpose authorized by this subchapter or for a public purpose authorized for a community center by state or federal law.

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, 2013.

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