By: Menendez (Senate Sponsor - Uresti) H.B. No. 243
(In the Senate - Received from the House April 4, 2013;
April 10, 2013, read first time and referred to Committee on Health
and Human Services; May 9, 2013, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; May 9, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 243 By: Uresti
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a community center that provides
mental health or mental retardation services to sell certain real
property of the center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 534, Health and Safety
Code, is amended by adding Section 534.023 to read as follows:
Sec. 534.023. SALE OF REAL PROPERTY ACQUIRED SOLELY THROUGH
PRIVATE GIFT OR GRANT. (a) Except as provided by Subsection (d), a
community center may sell center real property, including a
building, without the approval of the department or any local
agency that appoints members to the board of trustees, only if the
real property was acquired solely through a gift or grant of money
or real property from a private entity, including an individual.
(b) A community center that acquires real property by gift
or grant shall, on the date the center acquires the gift or grant,
notify the private entity providing the gift or grant that:
(1) the center may subsequently sell the real
property; and
(2) the sale is subject to the provisions of this
section.
(c) Except as provided by Subsection (d), real property sold
under Subsection (a) must be sold for the property's fair market
value.
(d) Real property sold under Subsection (a) may be sold for
less than fair market value only if the board of trustees adopts a
resolution stating:
(1) the public purpose that will be achieved by the
sale; and
(2) the conditions and circumstances for the sale,
including conditions to accomplish and maintain the public purpose.
(e) A community center must notify the department and each
local agency that appoints members to the board of trustees not
later than the 31st day before the date the center enters into a
binding obligation to sell real property under this section. The
commissioner, on request, may waive the 30-day notice requirement
on a case-by-case basis.
(f) The board shall adopt rules relating to the notification
process.
(g) A community center may use proceeds received from a sale
of real property under this section only for a purpose authorized by
this subchapter or for a public purpose authorized for a community
center by state or federal law.
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, 2013.
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