HBA-KDB, LJP H.B. 1628 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1628
By: Deshotel
Land & Resource Management
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

Prior to the 76th legislative session, the Texas Department of Mental
Health and Mental Retardation (MHMR) provided mental health and mental
retardation services at the Beaumont State Center.  Sunset legislation for
MHMR passed in the 76th legislative session (Senate Bill 358) contained a
provision that authorized the transfer of Beaumont State Center to local
governance.  As a part of the transfer, the Beaumont State Center facility
was leased to Spindletop Mental Health and Mental Retardation Services
(Spindletop).  However,  Spindletop would like to establish ownership, but
Spindletop's budget does not provide funds to purchase a facility such as
the former Beaumont State Center.  House Bill 1628 authorizes MHMR to
convey real property at the former site of the Beaumont State Center to
Spindletop for use as a facility 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. 

ANALYSIS

House Bill 1628 amends law to authorize the Texas Department of Mental
Health and Mental Retardation (MHMR) to convey, on behalf of the state, all
or any portion of the state's interest in the real property of the former
site of the Beaumont State Center to Spindletop Mental Health and Mental
Retardation Services (Spindletop) for use as a facility to provide
community-based mental health and mental retardation services. 

The bill provides that any and all effective restrictive conditions on the
various parcels of land as set forth in deeds to the state and in the deed
records of Jefferson County run with the land and are binding on
Spindletop. 

The bill requires MHMR to convey the property by a deed without warranties
and provides that the instrument must include provisions that relate to the
restrictive conditions on the property, require the property to be
continuously used for mental health and/or mental retardation purposes, and
requires the property to automatically revert to the State of Texas for the
use and benefit of  MHMR if any of the restrictive conditions are
continuously breached for a period of 180 days. 

The bill provides that the state reserves its property interest in all oil,
gas, and other minerals in and under the land conveyed and the right and
power to remove any and all of the oil, gas, and minerals, including any
right and power to grant oil, gas, and mineral leases held by the state
before the conveyance of the property. 

EFFECTIVE DATE

On passage.