HBA-LJP S.B. 1002 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1002 By: Zaffirini Land & Resource Management 5/10/2001 Engrossed BACKGROUND AND PURPOSE 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. 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 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. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.