HBA-NLM S.B. 396 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 396
By: Moncrief
Land & Resource Management
4/29/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the State of Texas owns certain real property in Howard and
Tarrant counties.  The purpose of this bill is to authorize the Texas
Department of Mental Health and Mental Retardation (MHMR) to convey certain
real property to certain companies to provide community-based mental health
and mental retardation services. S.B. 396 conveys certain state-owned real
property in Howard and Tarrant counties to certain companies to provide
community-based mental health and mental retardation services. 

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.   Authorizes the Texas Department of Mental Health and Mental
Retardation (MHMR) to convey, on behalf of the state, all or any portion of
the interest of the state in the real property described by Section 2 of
this Act, to the West Texas Centers for Mental Health and Mental
Retardation for use as a facility to provide community-based mental health
and mental retardation services, notwithstanding Section 533.084
(Management of Surplus Real Property), Health and Safety Code. Requires the
reservations contained in the deed to the State of Texas recorded at volume
642, page 480, of the Deed Records of Howard County to run with the land
and continue to be binding on the community mental health and mental
retardation center. 

SECTION 2. Describes the real property authorized for conveyance by Section
1 of this Act. 

SECTION 3.  Authorizes MHMR to convey, on behalf of the state, all or any
portion of the interest of the state in the real property, including the
land and all improvements affixed to the land described by Section 4 of
this Act, to Tarrant County Mental Health and Mental Retardation Services
for use as a facility to provide community-based mental health and mental
retardation services, nothwithstanding Section 533.084, Health and Safety
Code.  Requires the conditions precedent and possibility of revertor
established in the deed to the State of Texas recorded at volume 8528, page
2057, of the Deed Records Tarrant County to run with the land and continue
to be binding on the community mental health and mental retardation center. 

SECTION 4.  Describes the real property authorized for conveyance by
Section 3 of this Act.   

SECTION 5.  Establishes that all oil, gas, and other minerals in and under
the land conveyed as authorized by this Act and the right and power to
remove any and all of said minerals, including the right and power to grant
oil, gas, and mineral leases, as such rights and powers are held by the
state prior to conveyance, is reserved and excepted unto the State of Texas
and not conveyed to the community mental health and mental retardation
centers. 

SECTION 6.  Provides that Sections 31.1571 (Disposal of Unused or Underused
Property) and 31.158 (Real Estate Transaction Authorized by Legislature),
Natural Resources Code, and Sections 533.084 (Management of Surplus Real
Property) and 533.087 (Lease of Real Property), Health and Safety Code, do
not apply to the conveyances authorized by this Act. 
 
SECTION 7.   Emergency clause.
  Effective date: upon passage.