By: Darby, Zerwas (Senate Sponsor - Seliger) H.B. No. 2641
(In the Senate - Received from the House April 15, 2019;
April 17, 2019, read first time and referred to Committee on Health &
Human Services; April 24, 2019, reported favorably by the
following vote: Yeas 9, Nays 0; April 24, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the release of a reversionary interest in certain real
property by the Health and Human Services Commission and conditions
related to that release.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Subject to Subsections (b) and (c) of this
section and not later than February 1, 2021, the Health and Human
Services Commission shall execute an appropriate instrument to
release and nullify the right of reverter to which the real property
described by Section 2 of this Act is subject under the deed filed
in the Deed Records of Howard County, Texas, at Volume 795, Pages
141-143.
(b) The Health and Human Services Commission shall by
appropriate instrument release the right of reverter described by
Subsection (a) of this section only if:
(1) the West Texas Centers for Mental Health and
Mental Retardation transfers by appropriate instrument of
conveyance to Cap Rock Holdings, LLC, a Texas limited liability
company, real property described by Section 2 of this Act in
exchange for the real property described by Section 3 of this Act
transferred by appropriate instrument of conveyance by Cap Rock
Holdings, LLC, a Texas limited liability company, to West Texas
Centers for Mental Health and Mental Retardation;
(2) the fair market value of the real property
described by Section 3 of this Act is equal to or greater than the
fair market value of the real property described by Section 2 of
this Act as established by an independent appraisal obtained by the
asset management division of the General Land Office; and
(3) the real property described by Section 3 of this
Act is conveyed to the West Texas Centers for Mental Health and
Mental Retardation by Cap Rock Holdings, LLC, a Texas limited
liability company, by appropriate instrument of conveyance that
includes a provision that imposes as a condition on title to the
real property that the title will automatically vest in the Health
and Human Services Commission if the West Texas Centers for Mental
Health and Mental Retardation discontinues using the property for
the purpose of providing community-based mental health and
intellectual disability services for more than 180 continuous days.
(c) The Health and Human Services Commission may execute the
instrument releasing the right of reverter described by Subsection
(a) of this section to nullify the right of reverter and clear the
right of reverter from the title of the real property described by
Section 2 of this Act only if the General Land Office has verified
that the conditions described by Subsection (b) of this section
have been satisfied.
SECTION 2. The real property title to which is held by the
West Texas Centers for Mental Health and Mental Retardation is
situated in Howard County, Texas, and more particularly described
as follows:
Lots 5, 6 and 7, Block 19, Original Town Site, Big Spring, Howard
County, Texas and further described as being a +/- 0.48-acre tract
in a deed to the State recorded at Volume 642, Page 480, of the Deed
Records of Howard County, Texas.
SECTION 3. The real property title to which is held by Cap
Rock Holdings, LLC, a Texas limited liability company, is situated
in Howard County, Texas, and more particularly described as
follows:
400 Nolan, Big Spring, TX
Acres 0.257, LT 1 & N/30 of LT 2 BK 31 Original Town 80X140 0535 ACQ
062211 BLK/TRACT 31 0.257 acres
401 Johnson (7-11) Big Spring, TX
Acre 0.321, Lts 11-12 Blk 31 Original Town 100x140 0545 Blk/Tract 31
0.321 acres
Store #508
SECTION 4. 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, 2019.
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