88R10042 KBB-F
 
  By: Tepper H.B. No. 4415
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of certain real property from the Health
  and Human Services Commission to the StarCare Specialty Health
  System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) Not later than November 30, 2023, the Health
  and Human Services Commission shall transfer the real property
  described by Section 2 of this Act to Lubbock Regional MHMR Center
  d/b/a StarCare Specialty Health System, including the improvements
  affixed to the property and excluding the mineral interests in and
  under the property.
         (b)  Consideration for the transfer authorized by Subsection
  (a) of this section is the requirement that StarCare Specialty
  Health System use the transferred property only to provide
  community-based mental health, physical health, health-related, or
  intellectual and developmental disability services, a purpose that
  benefits the public interest of the state.
         (c)  If StarCare Specialty Health System fails to use the
  property in the manner described by Subsection (b) of this section
  for more than 180 continuous days after the transfer for reasons
  other than periods of renovation, construction, or other
  improvements, or due to an emergency or natural disaster, ownership
  of the property automatically reverts to the Health and Human
  Services Commission.
         (d)  The Health and Human Services Commission shall transfer
  the property by an appropriate instrument of transfer that:
               (1)  includes a provision that:
                     (A)  requires StarCare Specialty Health System to
  use the property to provide community-based mental health, physical
  health, health-related, or intellectual and developmental
  disability services, a purpose that benefits the public interest of
  the state; and
                     (B)  indicates that ownership of the property
  automatically reverts to the Health and Human Services Commission
  if StarCare Specialty Health System fails to use the property for
  that public purpose as described by Subsection (c) of this section;
  and
               (2)  describes the property to be transferred by metes
  and bounds.
         (e)  The Health and Human Services Commission may execute an
  appropriate instrument to release and nullify the right of reverter
  described by Subsection (c) of this section if mutually agreed to by
  the parties, but only if the Health and Human Services Commission
  makes a finding that consideration received through the use of the
  property as described by Subsection (b) of this section has
  sufficient cumulative value to equal or exceed the fair market
  value of the property at the time of the transfer.
         (f)  Sections 533.084 and 533.087, Health and Safety Code,
  and Sections 31.1571, 31.158, and 31.159, Natural Resources Code,
  do not apply to the transfer of real property authorized by
  Subsection (a) of this section.
         SECTION 2.  The real property to which Section 1 of this Act
  applies is described as follows:
         The real property title to which is held by the Health and
  Human Services Commission consisting of the complex site of the
  Lubbock Psychiatric Hospital, doing business as Sunrise Canyon
  Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock
  County, Texas, constituting 8 acres of land and more particularly
  described as Tract A - MHMR Addition in a deed to the state recorded
  at Volume 4359, page 48 of the Deed Records of Lubbock County.
         SECTION 3.  This Act takes effect September 1, 2023.