4 | 10 | | AN ACT |
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5 | 11 | | relating to the release of a reversionary interest in certain real |
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6 | 12 | | property by the Health and Human Services Commission and conditions |
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7 | 13 | | related to that release. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. (a) Subject to Subsections (b) and (c) of this |
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10 | 16 | | section and not later than February 1, 2021, the Health and Human |
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11 | 17 | | Services Commission shall execute an appropriate instrument to |
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12 | 18 | | release and nullify the right of reverter to which the real property |
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13 | 19 | | described by Section 2 of this Act is subject under the deed filed |
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14 | 20 | | in the Deed Records of Howard County, Texas, at Volume 795, Pages |
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15 | 21 | | 141-143. |
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16 | 22 | | (b) The Health and Human Services Commission shall by |
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17 | 23 | | appropriate instrument release the right of reverter described by |
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18 | 24 | | Subsection (a) of this section only if: |
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19 | 25 | | (1) the West Texas Centers for Mental Health and |
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20 | 26 | | Mental Retardation transfers by appropriate instrument of |
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21 | 27 | | conveyance to Cap Rock Holdings, LLC, a Texas limited liability |
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22 | 28 | | company, real property described by Section 2 of this Act in |
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23 | 29 | | exchange for the real property described by Section 3 of this Act |
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24 | 30 | | transferred by appropriate instrument of conveyance by Cap Rock |
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25 | 31 | | Holdings, LLC, a Texas limited liability company, to West Texas |
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26 | 32 | | Centers for Mental Health and Mental Retardation; |
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27 | 33 | | (2) the fair market value of the real property |
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28 | 34 | | described by Section 3 of this Act is equal to or greater than the |
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29 | 35 | | fair market value of the real property described by Section 2 of |
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30 | 36 | | this Act as established by an independent appraisal obtained by the |
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31 | 37 | | asset management division of the General Land Office; and |
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32 | 38 | | (3) the real property described by Section 3 of this |
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33 | 39 | | Act is conveyed to the West Texas Centers for Mental Health and |
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34 | 40 | | Mental Retardation by Cap Rock Holdings, LLC, a Texas limited |
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35 | 41 | | liability company, by appropriate instrument of conveyance that |
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36 | 42 | | includes a provision that imposes as a condition on title to the |
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37 | 43 | | real property that the title will automatically vest in the Health |
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38 | 44 | | and Human Services Commission if the West Texas Centers for Mental |
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39 | 45 | | Health and Mental Retardation discontinues using the property for |
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40 | 46 | | the purpose of providing community-based mental health and |
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41 | 47 | | intellectual disability services for more than 180 continuous days. |
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42 | 48 | | (c) The Health and Human Services Commission may execute the |
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43 | 49 | | instrument releasing the right of reverter described by Subsection |
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44 | 50 | | (a) of this section to nullify the right of reverter and clear the |
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45 | 51 | | right of reverter from the title of the real property described by |
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46 | 52 | | Section 2 of this Act only if the General Land Office has verified |
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47 | 53 | | that the conditions described by Subsection (b) of this section |
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48 | 54 | | have been satisfied. |
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49 | 55 | | SECTION 2. The real property title to which is held by the |
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50 | 56 | | West Texas Centers for Mental Health and Mental Retardation is |
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51 | 57 | | situated in Howard County, Texas, and more particularly described |
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52 | 58 | | as follows: |
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53 | 59 | | Lots 5, 6 and 7, Block 19, Original Town Site, Big Spring, Howard |
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54 | 60 | | County, Texas and further described as being a +/- 0.48-acre tract |
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55 | 61 | | in a deed to the State recorded at Volume 642, Page 480, of the Deed |
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56 | 62 | | Records of Howard County, Texas. |
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57 | 63 | | SECTION 3. The real property title to which is held by Cap |
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58 | 64 | | Rock Holdings, LLC, a Texas limited liability company, is situated |
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59 | 65 | | in Howard County, Texas, and more particularly described as |
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60 | 66 | | follows: |
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61 | 67 | | 400 Nolan, Big Spring, TX |
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62 | 68 | | Acres 0.257, LT 1 & N/30 of LT 2 BK 31 Original Town 80X140 0535 ACQ |
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63 | 69 | | 062211 BLK/TRACT 31 0.257 acres |
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64 | 70 | | 401 Johnson (7-11) Big Spring, TX |
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65 | 71 | | Acre 0.321, Lts 11-12 Blk 31 Original Town 100x140 0545 Blk/Tract 31 |
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66 | 72 | | 0.321 acres |
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67 | 73 | | Store #508 |
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68 | 74 | | SECTION 4. This Act takes effect immediately if it receives |
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69 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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70 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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71 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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72 | 78 | | Act takes effect September 1, 2019. |
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