HBA-ALS H.B. 1648 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1648 By: Naishtat Land & Resource Management 3/4/1999 Introduced BACKGROUND AND PURPOSE Under current law, the Texas Board of Mental Health and Mental Retardation (board) is not authorized to approve the use of easements or right-of-ways on land held by the Department of Mental Health and Mental Retardation (MHMR), unless the use relates to the operation of an MHMR facility. In addition, MHMR is required to use statewide advertising to lease departmentowned land. There is also concern that the Community Centers Facilities Construction and Renovation Fund is obsolete. H.B. 1648 allows the board to grant easements and right-of-ways on land held by the department, enter into an agreement with the General Land Office to administer lease proposals, and provides notice requirements for department-held property that is offered for lease. This bill also repeals specified sections of the Health and Safety Code relating to the Community Centers Facilities Construction and Renovation Fund. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 533.005, Health and Safety Code, as follows: Sec. 533.005. EASEMENTS. Authorizes the Texas Department of Mental Health and Mental Retardation (department) to grant a temporary or permanent easement or right-of-way on land held by the department. Deletes language authorizing the department to grant easements to construct water, natural gas, telephone, telegraph, or electric power lines across land held by the department. Deletes language authorizing the department to grant permanent and temporary easements and rights-of-way across department facility land as necessary to ensure the efficient and expeditious construction, improvement, renovation, use, and operation of the facility. Makes conforming changes. SECTION 2. Amends Section 533.084, Health and Safety Code, to authorize the department to enter into an agreement with the General Land Office to administer lease proposals, notwithstanding Subsection (c) which requires the Texas Board of Mental Health and Mental Retardation to oversee lease proposals. Provides that notice that a property is offered for lease must be published in accordance with Section 32.107, Natural Resources Code (Notice of Sale, Lease, and Contract for Development), if the General Land Office administers a lease proposal under this subsection. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 533.087, Health and Safety Code, by adding Subsection (g) to authorize the department to enter into an agreement with the General Land Office to administer lease proposals, notwithstanding Subsections (a) and (b) which set forth certain requirements for the lease of real property by the department. Provides that notice that the property is offered for lease must be published in accordance with Section 32.107, Natural Resources Code (Notice of Sale, Lease, and Contract for Development), if the General Land Office administers a lease proposal under this subsection. SECTION 4. Repealer: Sections 534.023-534.030 (Construction of Facilities by Department; Department Funding for Facility Renovation; Priorities for Funding; Terms of Construction or Renovation Agreement; Community Centers Facilities Construction and Renovation Fund; Transfer of Title; Release of Lien; Default; and State Funds, respectively), Health and Safety Code. SECTION 5. Emergency clause. Effective date: upon passage.