HBA-AMW S.B. 725 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 725 By: Bivins Land & Resource Management 4/30/2001 Engrossed BACKGROUND AND PURPOSE Under current law, the Texas Department of Mental Health and Mental Retardation (MHMR) provides services at the former Amarillo State Center (center). The 76th Legislature authorized the transition of the center to local governance. As part of the transition, the center, including land, buildings, and site improvements, was leased to Texas Panhandle Mental Health and Mental Retardation (Texas Panhandle MHMR). Texas Panhandle MHMR wants to establish ownership of these properties but its budget does not provide for funds to purchase or rent a facility in keeping with the previous center budget. Senate Bill 725 authorizes MHMR to transfer certain real property to Texas Panhandle MHMR 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 Senate Bill 725 authorizes the Texas Department of Mental Health and Mental Retardation (MHMR) to transfer to Texas Panhandle Mental Health and Mental Retardation (Texas Panhandle MHMR) all or part of certain real property, including the improvements affixed to the property and excluding the mineral interest in and under the property. The bill requires the consideration for the transfer to be in the form of an agreement between the parties that requires Texas Panhandle MHMR to use the property in a manner that primarily promotes a public purpose of the state by using the property to provide community-based mental health and mental retardation services. The bill provides that if Texas Panhandle MHMR fails to use the property in this manner for more than 180 continuous days, ownership of the property automatically reverts to MHMR. The bill requires MHMR to transfer the property by deed without warranties regarding covenants of title. The bill specifies that the state reserves its interest in all oil, gas, and other minerals in and under such property, its right to remove from any oil, gas, and other minerals in and under the property, and its right to grant leases held by the state before a conveyance of the property relating to the removal of oil, gas, and other minerals. Provisions regarding transactions authorized by the legislature, and the management, lease, and disposal of real property do not apply to a transfer authorized by this Act. The bill describes the property that is to be transferred. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.