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AN ACT
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relating to the release of a reversionary interest in certain real |
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property by the Health and Human Services Commission and conditions |
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related to that release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subject to Subsections (b) and (c) of this |
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section and not later than February 1, 2021, the Health and Human |
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Services Commission shall execute an appropriate instrument to |
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release and nullify the right of reverter to which the real property |
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described by Section 2 of this Act is subject under the deed filed |
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in the Deed Records of Howard County, Texas, at Volume 795, Pages |
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141-143. |
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(b) The Health and Human Services Commission shall by |
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appropriate instrument release the right of reverter described by |
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Subsection (a) of this section only if: |
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(1) the West Texas Centers for Mental Health and |
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Mental Retardation transfers by appropriate instrument of |
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conveyance to Cap Rock Holdings, LLC, a Texas limited liability |
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company, real property described by Section 2 of this Act in |
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exchange for the real property described by Section 3 of this Act |
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transferred by appropriate instrument of conveyance by Cap Rock |
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Holdings, LLC, a Texas limited liability company, to West Texas |
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Centers for Mental Health and Mental Retardation; |
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(2) the fair market value of the real property |
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described by Section 3 of this Act is equal to or greater than the |
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fair market value of the real property described by Section 2 of |
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this Act as established by an independent appraisal obtained by the |
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asset management division of the General Land Office; and |
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(3) the real property described by Section 3 of this |
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Act is conveyed to the West Texas Centers for Mental Health and |
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Mental Retardation by Cap Rock Holdings, LLC, a Texas limited |
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liability company, by appropriate instrument of conveyance that |
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includes a provision that imposes as a condition on title to the |
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real property that the title will automatically vest in the Health |
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and Human Services Commission if the West Texas Centers for Mental |
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Health and Mental Retardation discontinues using the property for |
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the purpose of providing community-based mental health and |
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intellectual disability services for more than 180 continuous days. |
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(c) The Health and Human Services Commission may execute the |
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instrument releasing the right of reverter described by Subsection |
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(a) of this section to nullify the right of reverter and clear the |
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right of reverter from the title of the real property described by |
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Section 2 of this Act only if the General Land Office has verified |
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that the conditions described by Subsection (b) of this section |
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have been satisfied. |
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SECTION 2. The real property title to which is held by the |
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West Texas Centers for Mental Health and Mental Retardation is |
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situated in Howard County, Texas, and more particularly described |
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as follows: |
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Lots 5, 6 and 7, Block 19, Original Town Site, Big Spring, Howard |
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County, Texas and further described as being a +/- 0.48-acre tract |
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in a deed to the State recorded at Volume 642, Page 480, of the Deed |
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Records of Howard County, Texas. |
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SECTION 3. The real property title to which is held by Cap |
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Rock Holdings, LLC, a Texas limited liability company, is situated |
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in Howard County, Texas, and more particularly described as |
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follows: |
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400 Nolan, Big Spring, TX |
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Acres 0.257, LT 1 & N/30 of LT 2 BK 31 Original Town 80X140 0535 ACQ |
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062211 BLK/TRACT 31 0.257 acres |
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401 Johnson (7-11) Big Spring, TX |
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Acre 0.321, Lts 11-12 Blk 31 Original Town 100x140 0545 Blk/Tract 31 |
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0.321 acres |
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Store #508 |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2641 was passed by the House on April |
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12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2641 was passed by the Senate on May |
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3, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |