By: Deshotel (Senate Sponsor - Williams) H.B. No. 1023
(In the Senate - Received from the House April 6, 2009;
April 27, 2009, read first time and referred to Committee on Health
and Human Services; May 8, 2009, reported favorably by the
following vote: Yeas 9, Nays 0; May 8, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain state property transferred from the
state to Spindletop MHMR Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Chapter 1036 (H.B. 1759), Acts of the
80th Legislature, Regular Session, 2007, is amended by amending
Subsection (c) and adding Subsections (c-1) and (f-1) to read as
follows:
(c) Consideration for the transfer authorized by Subsection
(a) of this section shall be in the form of an agreement between the
parties that requires Spindletop MHMR Services 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 or
mental retardation services. An agreement under this subsection
that is amended or supplemented by addendum under Subsection (f-1)
of this section to require Spindletop MHMR Services to use the
property in a manner that primarily promotes a public purpose of the
state by using the property to provide community-based physical
health, health-related, mental health, or mental retardation
services must be:
(1) executed by the parties; and
(2) recorded in the real property records of Jefferson
County, Texas.
(c-1) If Spindletop MHMR Services fails to use the property
in the [that] manner described by an agreement under Subsection (c)
of this section or an amendment or addendum to an agreement under
Subsection (f-1) of this section for more than 180 continuous days,
ownership of the property automatically reverts to the entity that
transferred the property to Spindletop MHMR Services.
(f-1) After a transfer of real property under Subsection (a)
of this section takes effect, the parties may amend or supplement by
addendum the agreement under Subsection (c) to require Spindletop
MHMR Services to use the property in a manner that primarily
promotes a public purpose of the state by using the property to
provide community-based physical health, health-related, mental
health, or mental retardation services.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *