HBA-NIK H.B. 2019 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2019
By: Staples
Land & Resource Management
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Department of Mental Health and Mental Retardation
(department) owns a 1,023 acre property that houses the Rusk State
Hospital.  The City of Rusk evaluated different locations in the area for
economic development and determined that a site on the Rusk State Hospital
Property of 12.7 acres would be suitable for its needs.  The 12.7 acres is
located in a remote area on the property and the department has no plans
for expansion or development on the aforementioned tract.  H.B. 2019 allows
the department to sell the acreage to the City of Rusk.  The proceeds from
the sale will be deposited to the credit of the department in the Texas
Capital Trust Fund established under Chapter 2201 (Texas Capital Trust
Fund), Government Code.  

RULEMAKING AUTHORITY
3/23/1999
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. AUTHORIZATION FOR CONVEYANCE.  (a)  Authorizes the Texas
Department of Mental Health and Mental Retardation (department) to convey,
on behalf the state, all the interest of the state in the real property
described by SECTION 2 and all improvements on the property to the City of
Rusk. 

(b)  Requires the General Land Office to determine the amount of
consideration due by determining the fair market value of the property. 

(c)  Requires the proceeds from the sale to be deposited to the credit of
the department in the Texas Capital Trust Fund established under Chapter
2201 (Texas Capital Trust Fund), Government Code.  Authorizes the proceeds
and any interest from the proceeds to be appropriated only for improvements
to the facilities of the department. 

(d)  Requires the commissioner of the General Land Office to reserve
ownership of all oil, gas, and other minerals in and under the real
property and the right to remove the oil, gas, and other minerals,
including the right to grant oil, gas, and mineral leases. 

(e)  Provides that Sections 31.1571 (Disposal of Unused or Underused
Property), and 31.158 (Real Estate Transaction Authorized by Legislature),
Natural Resources Code, and 533.084 (Management of Surplus Real Property),
Health and Safety Code, do not apply to the conveyance authorized by this
section. 

SECTION 2.  PROPERTY DESCRIPTION.  Provides the description of the real
property authorized for conveyance by SECTION 1.   

SECTION 3.  Emergency clause.
  Effective date: upon passage.