| 1 | 1 | | By: Deshotel (Senate Sponsor - Williams) H.B. No. 2258 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 26, 2011, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 11, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 8, Nays 0; May 11, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the use and transferability of certain state property |
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| 11 | 11 | | transferred from the state to Spindletop MHMR Services. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 1, Chapter 1036 (H.B. 1759), Acts of the |
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| 14 | 14 | | 80th Legislature, Regular Session, 2007, is amended by amending |
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| 15 | 15 | | Subsection (c) and adding Subsections (f-2), (f-3), (f-4), and |
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| 16 | 16 | | (f-5) to read as follows: |
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| 17 | 17 | | (c) Consideration for the transfer authorized by Subsection |
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| 18 | 18 | | (a) of this section shall be in the form of an agreement between the |
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| 19 | 19 | | parties that requires Spindletop MHMR Services to use the property |
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| 20 | 20 | | in a manner that primarily promotes a public purpose of the state by |
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| 21 | 21 | | using the property to provide community-based mental health or |
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| 22 | 22 | | mental retardation services. An agreement under this subsection |
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| 23 | 23 | | that is amended or supplemented by addendum under Subsection (f-1) |
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| 24 | 24 | | of this section to require Spindletop MHMR Services to use the |
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| 25 | 25 | | property in a manner that primarily promotes a public purpose of the |
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| 26 | 26 | | state by using the property to provide community-based physical |
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| 27 | 27 | | health, health-related, mental health, or mental retardation |
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| 28 | 28 | | services or under Subsection (f-2) of this section to authorize a |
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| 29 | 29 | | transfer or lease of the property must be: |
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| 30 | 30 | | (1) executed by the parties; and |
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| 31 | 31 | | (2) recorded in the real property records of Jefferson |
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| 32 | 32 | | County, Texas. |
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| 33 | 33 | | (f-2) After a transfer of real property under Subsection (a) |
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| 34 | 34 | | of this section takes effect, the parties may by addendum amend or |
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| 35 | 35 | | supplement the agreement under Subsection (c) to authorize: |
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| 36 | 36 | | (1) in exchange for payment of the fair market value of |
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| 37 | 37 | | the property or of any portion of the property to be transferred |
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| 38 | 38 | | under this subdivision, as determined by an independent appraiser, |
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| 39 | 39 | | a transfer of the property or portion of the property, in one or |
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| 40 | 40 | | more transactions, to an entity or organization that: |
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| 41 | 41 | | (A) is listed under Section 501(c)(3), Internal |
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| 42 | 42 | | Revenue Code of 1986; |
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| 43 | 43 | | (B) is exempt from federal income taxation under |
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| 44 | 44 | | Section 501(a), Internal Revenue Code of 1986; and |
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| 45 | 45 | | (C) primarily provides health care services; or |
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| 46 | 46 | | (2) in exchange for payment of the fair market lease |
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| 47 | 47 | | value of the property or of any portion of the property to be leased |
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| 48 | 48 | | under this subdivision, as determined by an independent appraiser, |
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| 49 | 49 | | a lease of the property or portion of the property in one or more |
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| 50 | 50 | | transactions. |
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| 51 | 51 | | (f-3) Spindletop MHMR Services shall retain a payment |
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| 52 | 52 | | resulting from a transaction under Subsection (f-2) and use the |
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| 53 | 53 | | money only in a manner that primarily promotes a public purpose of |
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| 54 | 54 | | the state by providing community-based physical health, |
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| 55 | 55 | | health-related, mental health, or mental retardation services. |
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| 56 | 56 | | (f-4) If the lease described under Subsection (f-2)(2) is |
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| 57 | 57 | | for a term of 20 years or more, Spindletop MHMR Services may lease |
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| 58 | 58 | | the property only to an entity or organization that: |
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| 59 | 59 | | (1) is listed under Section 501(c)(3), Internal |
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| 60 | 60 | | Revenue Code of 1986; |
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| 61 | 61 | | (2) is exempt from federal income taxation under |
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| 62 | 62 | | Section 501(a), Internal Revenue Code of 1986; and |
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| 63 | 63 | | (3) primarily provides health care services. |
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| 64 | 64 | | (f-5) A conveyance of property under Subsection (f-2)(1) or |
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| 65 | 65 | | (2) to an entity or organization must be conditioned on an |
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| 66 | 66 | | obligation that the property be used in a manner that primarily |
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| 67 | 67 | | promotes a public purpose of the state by providing community-based |
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| 68 | 68 | | physical health, health-related, mental health, or mental |
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| 69 | 69 | | retardation services. The conveyance must provide that ownership |
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| 70 | 70 | | of the property automatically reverts to the state on the date that |
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| 71 | 71 | | the entity or organization fails to use the property in a manner |
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| 72 | 72 | | that primarily promotes a public purpose of the state by providing |
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| 73 | 73 | | community-based physical health, health-related, mental health, or |
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| 74 | 74 | | mental retardation services. |
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| 75 | 75 | | SECTION 2. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2011. |
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| 80 | 80 | | * * * * * |
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