Texas 2009 - 81st Regular

Texas House Bill HB2039 Compare Versions

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1	1	H.B. No. 2039
2	2
3	3
4	4	AN ACT
5	5	relating to the transfer of certain state property from the
6	6	Department of Aging and Disability Services to certain community
7	7	mental health and mental retardation centers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) The Department of Aging and Disability
10	10	Services may transfer to community centers described by Section
11	11	534.001(b)(3), Health and Safety Code, and as specifically
12	12	designated in Section 2 of this Act, all or part of the real
13	13	property as specified in Section 2 of this Act:
14	14	(1) including improvements to the property; and
15	15	(2) excluding the mineral interests in and under the
16	16	property.
17	17	(b) Consideration for the transfers authorized by
18	18	Subsection (a) of this section shall be in the form of an agreement
19	19	between the Department of Aging and Disability Services and each
20	20	community center that requires the community center to use the
21	21	property in a manner that primarily promotes a public purpose of the
22	22	state by using the property to provide community-based mental
23	23	health or mental retardation services.
24	24	(c) If a community center fails to use the property in the
25	25	manner described by an agreement under Subsection (b) of this
26	26	section for more than 180 continuous days, ownership of the
27	27	property automatically reverts to the Department of Aging and
28	28	Disability Services.
29	29	(d) The Department of Aging and Disability Services shall
30	30	transfer each property by a deed that:
31	31	(1) is without warranties regarding covenants of
32	32	title; and
33	33	(2) includes a provision that:
34	34	(A) requires the community center to use the
35	35	property in a manner that primarily promotes a public purpose of the
36	36	state by using the property to provide community-based mental
37	37	health and mental retardation services; and
38	38	(B) indicates that ownership of the property
39	39	automatically reverts to the Department of Aging and Disability
40	40	Services if the community center fails to use the property as
41	41	described by Subsection (b) of this section for more than 180
42	42	continuous days.
43	43	(e) The state reserves:
44	44	(1) the state's interest in all oil, gas, and other
45	45	minerals in and under the real property described by Section 2 of
46	46	this Act;
47	47	(2) the state's right to remove from the real property
48	48	described by Section 2 of this Act any oil, gas, and other minerals
49	49	in and under the real property; and
50	50	(3) the state's right to grant a lease held by the
51	51	state before a conveyance of real property described by Section 2 of
52	52	this Act relating to the removal of oil, gas, and other minerals in
53	53	and under the real property.
54	54	(f) Sections 533.084 and 533.087, Health and Safety Code,
55	55	and Sections 31.1571 and 31.158, Natural Resources Code, do not
56	56	apply to a transfer of real property authorized by this Act.
57	57	SECTION 2. The Department of Aging and Disability Services
58	58	shall transfer to:
59	59	(1) Anderson Cherokee Community Enrichment Services d/b/a
60	60	ACCESS the real property described as follows:
61	61	Being approximately 0.543 acres of land in Block 27 & 28
62	62	(called 28 & 29 in error in prior description), TIMMONS ADDITION,
63	63	JOHN HUNDLEY SURVEY, A-341, Cherokee County, Texas, out of two
64	64	tracts described in deed from Paul H. Copeland and wife Delores R.
65	65	Copeland to Mrs. Ellen Hill Copeland, June 29, 1960, recorded in
66	66	volume 502, page 57, Deed Records of Cherokee County, Texas,
67	67	(hereinafter shown as volume/page DR or LR for land records) -- from
68	68	Paul H. Copeland and Joann Copeland Sessions to Waymon Daniels,
69	69	April 4, 1991, 1149/212, LR and from Waymon Daniels to Waymon and
70	70	Dorothy Daniels Trust, East Texas National Bank, Trustee, April 11,
71	71	1991, 1149/216, LR, Bearings based on deed call along East 4th
72	72	Street or Highway 69 Rusk Loop and more commonly known as 619 East
73	73	Fourth Street, Rusk, Texas 75785.
74	74	BEING ALL OF LOTS 10 and 11 of FORREST HILLS ESTATES,
75	75	according to the Map as recorded in Vol. 3, Page 35, now Plat
76	76	Cabinet "A", Sheet 157-A, Plat Records of Cherokee County, Texas
77	77	and more commonly known as 803 Sharon Street, Rusk, Texas 75785.
78	78	(2) Border Region Mental Health Mental Retardation
79	79	Community Center the real property described as follows:
80	80	Situated in Webb County, Texas, and being THE SURFACE ONLY,
81	81	of Lots Number THIRTEEN (13) and FOURTEEN (14), in Block Number six
82	82	(6), of the SCHOOL VIEW ACRES SUBDIVISION, a subdivision situated
83	83	in the City of Laredo, Webb County, Texas as per Plat recorded in
84	84	Volume 3, page 70, Webb County Plat Records and more commonly known
85	85	as 1436 Los Ebanos Drive, Laredo, Texas 78041.
86	86	Situated in Webb County, Texas and being THE SURFACE ONLY of
87	87	Lots Number Twelve (12) and Thirteen (13), in Block Number Fourteen
88	88	(14), LOS PRESIDENTES SUBDIVISION, UNIT II, a subdivision in the
89	89	City of Laredo, Webb County, Texas, as per Plat of record in Volume
90	90	8, Pages 29-30 of the Plat Records of Webb County, Texas and more
91	91	commonly known as 3702 Pine Street, Laredo, Texas 78046.
92	92	THE SURFACE ONLY of Lots Number One Hundred Seven (107), and
93	93	One Hundred Eight (108), in Block Number One (1), "THE PLAZA",
94	94	SOUTHGATE II, UNIT I, a subdivision situated in the City Of Laredo
95	95	as per Replat recorded in Volume 4, Page 95, Webb County Plat
96	96	Records and more commonly known as 3101 Columbia Dr., Laredo, Texas
97	97	78046.
98	98	(3) Bexar County Board of Trustees for Mental Health Mental
99	99	Retardation Services d/b/a The Center for Health Care Services the
100	100	real property described as follows:
101	101	A 1.277 acre tract of land, more or less, out of the Richard
102	102	Buschel Survey No. 325, County Block 5053, Bexar County, Texas and
103	103	more commonly known as 8155 and 8165 Lone Shadow Trail, Converse,
104	104	Texas 78109.
105	105	Lots 7 And 8, Block J, LINKWOOD ADDITION, in the City Of Leon
106	106	Valley, Bexar County, Texas, according to plat thereof, recorded In
107	107	Volume 5580, Page 114, Deed And Plat Records Of Bexar County, Texas
108	108	and more commonly known as 7622 Linkside Drive, Leon Valley, Texas
109	109	78240.
110	110	Lot 16, Block 2, New City Block 13819, TERRACE NORTH
111	111	SUBDIVISION, in the City of San Antonio, Bexar County, Texas,
112	112	according to plat thereof recorded in Volume 5580, Page 260, Deed
113	113	And Plat Records Of Bexar County, Texas and more commonly known as
114	114	2927 Eisenhauer Road, San Antonio, Texas 78209.
115	115	Lots 34, and 35, Block 1, WOODLAKE, UNIT 7E, Bexar County,
116	116	Texas, according to plat thereof recorded in Volume 9503, pages
117	117	151-152, Deed and Plat Records of Bexar County, Texas and more
118	118	commonly known as 6722 Calm Lake Road, San Antonio, Texas 78244.
119	119	(4) Heart of Texas Region Mental Health Mental Retardation
120	120	Center the real property described as follows:
121	121	All that certain lot, tract or parcel of land situated in
122	122	Freestone County, Texas, and being all of Lots Number Seven (7) and
123	123	Eight (8) of Block Number Seventy-one (71) of the City of Teague,
124	124	Freestone County, Texas, as shown in Cabinet A, Envelope 7A and 7B,
125	125	Plat Records, Freestone County, Texas and more commonly known as
126	126	521 Ash Street (701 N. 6th), Teague, Texas 78560.
127	127	All that certain lot or parcel of land, situated in the
128	128	Northeast portion of the City of Marlin, Falls County, Texas, out of
129	129	the Chambers and La Serda conflicting grants, and being part of Lot
130	130	6 and 7, Welle Addition to the City of Marlin, Texas according to
131	131	the map of said Welle Addition found of record in Volume 59, Page
132	132	353, Falls County Deed Records, more commonly known as 711 Foster
133	133	Street, Marlin, Texas 76661.
134	134	Lot 2, Block 5, Durham Addition, Unit #1, City of Groesbeck,
135	135	in Limestone, Texas, according to the map of said addition of record
136	136	in Vol. 3, Page 27, Plat Records of Limestone County, Texas, more
137	137	commonly known as 103 Jane Drive, Groesbeck, Texas 76642.
138	138	BEING Lots 6 and 7, Block 3, Parkview Addition, City of
139	139	Groesbeck, Limestone County, Texas according to the official plat
140	140	of Parkview Addition recorded in Vol. 2, page 93, re-indexed as Plat
141	141	No. 529-530, Plat Records of Limestone County, Texas, being the
142	142	same Lots 6 and 7, Block 3, Parkview Addition described in deed
143	143	dated September 13, 1988 from Patricia Ann Keeney, Guardian of
144	144	Doris Harris Keris, to Charles E. Rhodes, Jr., et ux, recorded in
145	145	Vol. 799, page 529, Deed Records of Limestone County, Texas, and
146	146	more commonly known as 612 Parkside, Groesbeck, Texas 76642.
147	147	(5) Hill Country Community Mental Health Mental Retardation
148	148	Center the real property described as follows:
149	149	SITUATED in Val Verde County, Texas, and being Lot Three (3)
150	150	and the Northeast One-Half (1/2) of Lot 2, in Block "A", Franki
151	151	Estates to the City of Del Rio, Texas, according to plat of record
152	152	in Volume 2, Page 48, of the Map Records of Val Verde County, Texas,
153	153	and more commonly known as 212 Bolner Lane, Del Rio, Texas 78840.
154	154	(6) Lakes Regional Mental Health Mental Retardation Center
155	155	the real property described as follows:
156	156	All that certain lot, tract or parcel of land being known and
157	157	designated as Lot 2, Block 18, Town Addition to the City of
158	158	Waxahachie, Ellis County, Texas, according to the Plat of record in
159	159	Cabinet C, Slide 61, Plat Records of Ellis County, Texas and more
160	160	commonly known as 102 West Parks Avenue, Waxahachie, Texas 75165.
161	161	Lot 4, Block 3 of the Nora Alexander Subdivision of part of
162	162	Block 278, City of Waxahachie, Ellis County, Texas, according to
163	163	the plat of record in vol. 176, page 443, Deed Records of Ellis
164	164	County, Texas and more commonly known as 206 Joseph Street,
165	165	Waxahachie, Texas 75165.
166	166	BEING LOT 4, BLOCK 6, NORTHGATE ADDITION, UNIT TWO,
167	167	WAXAHACHIE, ELLIS COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
168	168	CABINET A, SLIDE 664, PLAT RECORDS ELLIS COUNTY, TEXAS and more
169	169	commonly known as 407 Johnston Blvd., Waxahachie, Texas 75165.
170	170	BEING all of Lot 22, FERRIS FIRST ADDITION, Waxahachie, Ellis
171	171	County, Texas, plat recorded in Cabinet A, Slide 37, Plat Records,
172	172	Ellis County, Texas, and being more commonly known as 408 Royal
173	173	Street, Waxahachie, Texas 75165.
174	174	Lot Eleven (11) in Block "F" of the NORTH PARK ESTATES
175	175	ADDITION, No. 2, within the corporate limits of the City of Paris, a
176	176	part of the JOSEPH LEACH SURVEY, according to plat of such Addition
177	177	of record in Envelope 231-D, Lamar County Plat Records, and being
178	178	the same property described in deed to David Hutson and wife, Mary
179	179	Hutson, dated April 15, 1983, of record in Book 656, Page 160, Lamar
180	180	County Deed Records and more commonly known as 1120 35th Street NE,
181	181	Paris, Texas 75462.
182	182	Situated within the Corporate Limits of the City of Paris,
183	183	County of Lamar, and State of Texas, a part of the Hiram Williams
184	184	Survey #1003, and being Lot 7, 8, in Block 8, TOWN NORTH ESTATES #2,
185	185	and more commonly known as 2875 Kessler, Paris, Texas 75460.
186	186	Being part of Lot 2, Block 373, REVISED MAP OF THE CITY OF
187	187	TERRELL, and more commonly known as 209 N. Park Street, Terrell,
188	188	Texas 75160.
189	189	Being all that certain lot, tract or parcel of land situated
190	190	in the Corporate Limits of the City of Terrell, Kaufman County,
191	191	Texas being Block No. 590 of The Revised Map of The City of Terrell
192	192	and more commonly known as 407 9th Street, Terrell, Texas 75160.
193	193	(7) Mental Health Mental Retardation of Tarrant County the
194	194	real property described as follows:
195	195	Lot D-1, of the subdivision of Lot D of the revision of Lots
196	196	5, 6, and 7, F.R. CHILCOAT SUBDIVISION, to the City of Fort Worth,
197	197	Tarrant County, Texas, according to plat recorded in Volume 388-J,
198	198	Page 33, Deed Records of Tarrant County, Texas and more commonly
199	199	known as 2620 Meaders Avenue, Fort Worth, Texas 76112.
200	200	Part of Lot 1, Block 4, of DALWORTHINGTON GARDENS, Tarrant
201	201	County, Texas, according to the Plat recorded in Volume 388-A, Page
202	202	105, Plat Records, Tarrant County, Texas, and being more commonly
203	203	known as 2812 California Lane, Dalworthington, Texas 76015.
204	204	LOT 44, BLOCK 1, SANDY RIDGE ESTATES, an Addition to the City
205	205	of Fort Worth, Tarrant County, Texas, according to the plat
206	206	recorded in Volume 388-189, Page 64, Plat Records, Tarrant County,
207	207	Texas and more commonly known as 701 Sandy Lane, Fort Worth, Texas
208	208	76120.
209	209	Being a portion of Lot 8, Block 1, FRANK M. ANDERSON
210	210	SUBDIVISION of the S. B. Hopkins Survey and part of the G. Wilson
211	211	Survey, Tarrant County, Texas, according to Plat recorded in Volume
212	212	1255, Page 306, Plat Records, Tarrant County, Texas, and being the
213	213	same property described in deeds recorded in Volume 1810, Page 407
214	214	and Volume 9833, Page 1577, Deed Records, Tarrant County, Texas,
215	215	and being more commonly known as 1136 Williams Rd., Fort Worth,
216	216	Texas 76120.
217	217	LOTS 1, 2, AND 3, BLOCK 1, SIGLER ADDITION TO THE CITY OF
218	218	FOREST HILL, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED
219	219	IN VOLUME 388-212, PAGE 27, PLAT RECORDS, TARRANT COUNTY, TEXAS and
220	220	being more commonly known as 3313 Shamrock Lane, Forest Hill, Texas
221	221	76119.
222	222	(8) Texana Center the real property described as follows:
223	223	THE SURFACE ONLY of a tract of land containing 26.814 acres
224	224	out of the original George Foundation call 435.561 acre tract in the
225	225	John Little Survey, Abstract No. 52, City of Richmond, Fort Bend
226	226	County, Texas, and more commonly known as 1818 Collins Road,
227	227	Richmond, Texas 77469.
228	228	Lots Four (4) and Five (5), Block Nine (9), Replat of
229	229	Skrabanek Meadows, Section Two (2), a subdivision in Fort Bend
230	230	County, Texas, according to the map or plat thereof recorded under
231	231	the Clerk's Slide No. 687/A and more commonly known as 3618 Beasley
232	232	Street, Needville, Texas 77461.
233	233	The North East One-half (NE 1/2) of Lot Four (4), all of Lots
234	234	Five (5), Six (6), and Seven (7), all in Block Two (2), of
235	235	Re-subdivision of Raska-Stavinoha Subdivision, in Section 27,
236	236	H.&T.C. R. R. Co. Survey, Abstract 219, Fort Bend County, Texas,
237	237	according to the plat of said re-subdivision recorded in Volume 6,
238	238	Page 16, Plat Records, Fort Bend County, Texas and more commonly
239	239	known as 2902 North Street, Needville, Texas 77461.
240	240	(9) Texas Panhandle Mental Health Mental Retardation the
241	241	real property described as follows:
242	242	Lot No. Twenty-three (23), in Block No. Twenty-one (21),
243	243	Sleepy Hollow Unit No. 27 Amended, an addition to the City of
244	244	Amarillo, Randall County, Texas, according to the map or plat
245	245	thereof, of record in Volume 853, Page 76 of the Deed Records of
246	246	Randall County, Texas, reference to which is here made for all
247	247	purposes and more commonly known as 3508 Van Tassel, Amarillo,
248	248	Texas 79121.
249	249	Lot No. Forty-one (41), in Block No. One (1), Quail Creek
250	250	Addition, Unit No. Two (2) amended, an addition to the City of
251	251	Amarillo, Potter County, Texas, according to the map or plat
252	252	thereof, of record in Volume 1468, Page 548, of the Deed Records of
253	253	Potter County, Texas and more commonly known as 6801 Club Meadows,
254	254	Amarillo, Texas 79124.
255	255	All of Lot No. 42 and the West portion of Lot No. 41, Block No.
256	256	7, South Side Estates Unit No. 7, an Addition to the City of
257	257	Amarillo, Randall County, Texas, according to the recorded Plat
258	258	thereof, recorded in Volume 597, Page 417 and 418 of the Deed
259	259	Records of Randall County, Texas and more commonly known as 5407
260	260	Camp Lane, Amarillo, Texas 79110.
261	261	Lot No. Thirty-one (31), in Block No. Five (5), Westcliff
262	262	Park, an addition to the City of Amarillo, Potter County, Texas,
263	263	according to the map or plat thereof, of record in Volume 1200, Page
264	264	181, of the Deed Records of Potter County, Texas, reference to which
265	265	is here made for all purposes, and more commonly known as 2305 Cedar
266	266	Creek, Amarillo, Texas 79124.
267	267	(10) West Texas Centers for Mental Health Mental
268	268	Retardation the real property described as follows:
269	269	SURFACE ESTATE ONLY - Lots Seven (7) and Eight (8) and the
270	270	East half (E/2) of Lots Nine (9), Ten (10), Eleven (11) and Twelve
271	271	(12), in block Twenty-eight (28) of the Original Town of Seminole,
272	272	Gaines County, Texas - Deed 1 and The West one-half (W/2) of Lots 9,
273	273	10, 11 and 12, in Block 28, Original Town of Seminole, Gaines
274	274	County, Texas - Deed 2, more commonly known as Seminole Vo-Tech
275	275	Resource Center, 208 E. Ave. A, Seminole, Texas 79360.
276	276	All of Lot ONE (1) and the South twenty-five feet (S25') of
277	277	abandoned East Nineteenth Street, Block ELEVEN (11) of the NANCYE
278	278	SUBDIVISION to the City of Monahans, Ward County, Texas, according
279	279	to a map or plat filed for record in the office of the County Clerk
280	280	of Ward County, Texas recorded in Volume 3, Page 73, Map Records,
281	281	Ward County, Texas and more commonly known as Main Street Home, 1900
282	282	S. Main, Monahans, Texas 79756.
283	283	Lots Seven (7) and Eight (8), Block One (1), DOUGLASS
284	284	ADDITION to the City of Big Spring in Howard County, Texas,
285	285	according to proper plat of said addition recorded in Plat Records
286	286	of said County and more commonly known as Hamilton Home, 3801-03
287	287	Hamilton, Big Spring, Texas 79720.
288	288	Being Lot No. Three (3), out of the North Half of Block No.
289	289	Thirty-three (33), COLLEGE PARK ESTATES NO. 6, an Addition to the
290	290	City of Big Spring, out of Section 45, Block 32, T-1-N, T. & P. RR.
291	291	Co. Survey, Howard County, Texas, according to the map or plat of
292	292	record in Envelope 131/A, Plat Records in the office of the county
293	293	clerk of Howard County, Texas and more commonly known as Fordham
294	294	Home, 3304 Fordham, Big Spring, Texas 79720.
295	295	Lots 4 and 5, Block 5, County Village Addition to the City of
296	296	Sweetwater, Nolan County, Texas and more commonly known as
297	297	Towncreek Home, 1207 Town Creek Drive, Sweetwater, Texas 79556.
298	298	SECTION 3. This Act takes effect immediately if it receives
299	299	a vote of two-thirds of all the members elected to each house, as
300	300	provided by Section 39, Article III, Texas Constitution. If this
301	301	Act does not receive the vote necessary for immediate effect, this
302	302	Act takes effect September 1, 2009.
303	303	______________________________ ______________________________
304	304	President of the Senate Speaker of the House
305	305	I certify that H.B. No. 2039 was passed by the House on April
306	306	24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
307	307	voting.
308	308	______________________________
309	309	Chief Clerk of the House
310	310	I certify that H.B. No. 2039 was passed by the Senate on May
311	311	20, 2009, by the following vote: Yeas 29, Nays 0.
312	312	______________________________
313	313	Secretary of the Senate
314	314	APPROVED: _____________________
315	315	Date
316	316	_____________________
317	317	Governor