82R4724 PMO-F
By: Deshotel H.B. No. 2258
A BILL TO BE ENTITLED
AN ACT
relating to the use and transferability 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 (f-2), (f-3), (f-4), and
(f-5) 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 or under Subsection (f-2) of this section to authorize a
transfer or lease of the property must be:
(1) executed by the parties; and
(2) recorded in the real property records of Jefferson
County, Texas.
(f-2) After a transfer of real property under Subsection (a)
of this section takes effect, the parties may by addendum amend or
supplement the agreement under Subsection (c) to authorize:
(1) in exchange for payment of the fair market value of
the property or of any portion of the property to be transferred
under this subdivision, as determined by an independent appraiser,
a transfer of the property or portion of the property, in one or
more transactions, to an entity or organization that:
(A) is listed under Section 501(c)(3), Internal
Revenue Code of 1986;
(B) is exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986; and
(C) primarily provides health care services; or
(2) in exchange for payment of the fair market lease
value of the property or of any portion of the property to be leased
under this subdivision, as determined by an independent appraiser,
a lease of the property or portion of the property in one or more
transactions.
(f-3) Spindletop MHMR Services shall retain a payment
resulting from a transaction under Subsection (f-2) and use the
money only in a manner that primarily promotes a public purpose of
the state by providing community-based physical health,
health-related, mental health, or mental retardation services.
(f-4) If the lease described under Subsection (f-2)(2) is
for a term of 20 years or more, Spindletop MHMR Services may lease
the property only to an entity or organization that:
(1) is listed under Section 501(c)(3), Internal
Revenue Code of 1986;
(2) is exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986; and
(3) primarily provides health care services.
(f-5) A conveyance of property under Subsection (f-2)(1) or
(2) to an entity or organization must be conditioned on an
obligation that the property be used in a manner that primarily
promotes a public purpose of the state by providing community-based
physical health, health-related, mental health, or mental
retardation services. The conveyance must provide that ownership
of the property automatically reverts to the state on the date that
the entity or organization fails to use the property in a manner
that primarily promotes a public purpose of the state by providing
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, 2011.