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.