Office of House Bill AnalysisS.B. 1002
By: Zaffirini
Land & Resource Management


Historically, the Texas Department of Mental Health and Mental Retardation
(MHMR) provided services at the former Laredo State Center.  During the
76th Legislature, the transition of the Laredo State Center to local
governance was authorized.  As part of the transition, the Laredo State
Center facility was leased to the Border Region MHMR Center in 2000.  The
Border Region MHMR Center now desires to establish ownership of the
property.  Senate Bill 1002 authorizes MHMR to transfer specified real
property to the Border Region MHMR Center and requires the property to be
used to provide mental health and mental retardation services. 


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. 


Senate Bill 1002 authorizes the Texas Department of Mental Health and
Mental Retardation (MHMR) to transfer to the Border Region Mental Health
and Mental Retardation Community Center (center) all or part of the
specified real property that was the former site of the Laredo State
Center, including the improvements affixed to the property and excluding
mineral interest in or under the property.  The bill authorizes the
transfer on the earlier of the expiration of, or termination by the federal
government of the conditions subsequent imposed by the deeds of the real
property.  The bill requires the consideration for the transfer be in the
form of an agreement between the parties that requires the center to use
the property in a manner that primarily promotes a public purpose of the
state by providing community-based mental health and mental retardation
services.  The bill requires MHMR to transfer the property by deed without
warranties regarding covenants of title.  The bill provides that the
instrument of transfer must require the center to use the property to
promote the public health and provide for the automatic reversion of the
property if the center fails to use the property for such a purpose for
more than 180 continuous days. Certain provisions relating to the
management of surplus real property, the lease of real property, the
disposal of unused or underused property, and real estate transactions
authorized by the legislature, do not apply to the transfer of real
property provided for in this Act. 


On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.