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Facilities Construction and Renovation Fund is obsolete.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.