Texas 2019 - 86th Regular

Texas House Bill HB2641 Compare Versions

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1-H.B. No. 2641
1+By: Darby, Zerwas (Senate Sponsor - Seliger) H.B. No. 2641
2+ (In the Senate - Received from the House April 15, 2019;
3+ April 17, 2019, read first time and referred to Committee on Health &
4+ Human Services; April 24, 2019, reported favorably by the
5+ following vote: Yeas 9, Nays 0; April 24, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the release of a reversionary interest in certain real
612 property by the Health and Human Services Commission and conditions
713 related to that release.
814 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
915 SECTION 1. (a) Subject to Subsections (b) and (c) of this
1016 section and not later than February 1, 2021, the Health and Human
1117 Services Commission shall execute an appropriate instrument to
1218 release and nullify the right of reverter to which the real property
1319 described by Section 2 of this Act is subject under the deed filed
1420 in the Deed Records of Howard County, Texas, at Volume 795, Pages
1521 141-143.
1622 (b) The Health and Human Services Commission shall by
1723 appropriate instrument release the right of reverter described by
1824 Subsection (a) of this section only if:
1925 (1) the West Texas Centers for Mental Health and
2026 Mental Retardation transfers by appropriate instrument of
2127 conveyance to Cap Rock Holdings, LLC, a Texas limited liability
2228 company, real property described by Section 2 of this Act in
2329 exchange for the real property described by Section 3 of this Act
2430 transferred by appropriate instrument of conveyance by Cap Rock
2531 Holdings, LLC, a Texas limited liability company, to West Texas
2632 Centers for Mental Health and Mental Retardation;
2733 (2) the fair market value of the real property
2834 described by Section 3 of this Act is equal to or greater than the
2935 fair market value of the real property described by Section 2 of
3036 this Act as established by an independent appraisal obtained by the
3137 asset management division of the General Land Office; and
3238 (3) the real property described by Section 3 of this
3339 Act is conveyed to the West Texas Centers for Mental Health and
3440 Mental Retardation by Cap Rock Holdings, LLC, a Texas limited
3541 liability company, by appropriate instrument of conveyance that
3642 includes a provision that imposes as a condition on title to the
3743 real property that the title will automatically vest in the Health
3844 and Human Services Commission if the West Texas Centers for Mental
3945 Health and Mental Retardation discontinues using the property for
4046 the purpose of providing community-based mental health and
4147 intellectual disability services for more than 180 continuous days.
4248 (c) The Health and Human Services Commission may execute the
4349 instrument releasing the right of reverter described by Subsection
4450 (a) of this section to nullify the right of reverter and clear the
4551 right of reverter from the title of the real property described by
4652 Section 2 of this Act only if the General Land Office has verified
4753 that the conditions described by Subsection (b) of this section
4854 have been satisfied.
4955 SECTION 2. The real property title to which is held by the
5056 West Texas Centers for Mental Health and Mental Retardation is
5157 situated in Howard County, Texas, and more particularly described
5258 as follows:
5359 Lots 5, 6 and 7, Block 19, Original Town Site, Big Spring, Howard
5460 County, Texas and further described as being a +/- 0.48-acre tract
5561 in a deed to the State recorded at Volume 642, Page 480, of the Deed
5662 Records of Howard County, Texas.
5763 SECTION 3. The real property title to which is held by Cap
5864 Rock Holdings, LLC, a Texas limited liability company, is situated
5965 in Howard County, Texas, and more particularly described as
6066 follows:
6167 400 Nolan, Big Spring, TX
6268 Acres 0.257, LT 1 & N/30 of LT 2 BK 31 Original Town 80X140 0535 ACQ
6369 062211 BLK/TRACT 31 0.257 acres
6470 401 Johnson (7-11) Big Spring, TX
6571 Acre 0.321, Lts 11-12 Blk 31 Original Town 100x140 0545 Blk/Tract 31
6672 0.321 acres
6773 Store #508
6874 SECTION 4. This Act takes effect immediately if it receives
6975 a vote of two-thirds of all the members elected to each house, as
7076 provided by Section 39, Article III, Texas Constitution. If this
7177 Act does not receive the vote necessary for immediate effect, this
7278 Act takes effect September 1, 2019.
73- ______________________________ ______________________________
74- President of the Senate Speaker of the House
75- I certify that H.B. No. 2641 was passed by the House on April
76- 12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not
77- voting.
78- ______________________________
79- Chief Clerk of the House
80- I certify that H.B. No. 2641 was passed by the Senate on May
81- 3, 2019, by the following vote: Yeas 31, Nays 0.
82- ______________________________
83- Secretary of the Senate
84- APPROVED: _____________________
85- Date
86- _____________________
87- Governor
79+ * * * * *