Texas 2023 - 88th Regular

Texas House Bill HB4415 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4415
2	2
3	3
4	4	AN ACT
5	5	relating to the transfer of certain real property from the Health
6	6	and Human Services Commission to the StarCare Specialty Health
7	7	System.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) Not later than November 30, 2023, the Health
10	10	and Human Services Commission shall transfer the real property
11	11	described by Section 2 of this Act to Lubbock Regional MHMR Center
12	12	d/b/a StarCare Specialty Health System, including the improvements
13	13	affixed to the property and excluding the mineral interests in and
14	14	under the property.
15	15	(b) Consideration for the transfer authorized by Subsection
16	16	(a) of this section is the requirement that StarCare Specialty
17	17	Health System use the transferred property only to provide
18	18	community-based mental health, physical health, health-related, or
19	19	intellectual and developmental disability services, a purpose that
20	20	benefits the public interest of the state.
21	21	(c) If StarCare Specialty Health System fails to use the
22	22	property in the manner described by Subsection (b) of this section
23	23	for more than 180 continuous days after the transfer for reasons
24	24	other than periods of renovation, construction, or other
25	25	improvements, or due to an emergency or natural disaster, ownership
26	26	of the property automatically reverts to the Health and Human
27	27	Services Commission.
28	28	(d) The Health and Human Services Commission shall transfer
29	29	the property by an appropriate instrument of transfer that:
30	30	(1) includes a provision that:
31	31	(A) requires StarCare Specialty Health System to
32	32	use the property to provide community-based mental health, physical
33	33	health, health-related, or intellectual and developmental
34	34	disability services, a purpose that benefits the public interest of
35	35	the state; and
36	36	(B) indicates that ownership of the property
37	37	automatically reverts to the Health and Human Services Commission
38	38	if StarCare Specialty Health System fails to use the property for
39	39	that public purpose as described by Subsection (c) of this section;
40	40	and
41	41	(2) describes the property to be transferred by metes
42	42	and bounds.
43	43	(e) The Health and Human Services Commission may execute an
44	44	appropriate instrument to release and nullify the right of reverter
45	45	described by Subsection (c) of this section if mutually agreed to by
46	46	the parties, but only if the Health and Human Services Commission
47	47	makes a finding that consideration received through the use of the
48	48	property as described by Subsection (b) of this section has
49	49	sufficient cumulative value to equal or exceed the fair market
50	50	value of the property at the time of the transfer.
51	51	(f) Sections 533.084 and 533.087, Health and Safety Code,
52	52	and Sections 31.1571, 31.158, and 31.159, Natural Resources Code,
53	53	do not apply to the transfer of real property authorized by
54	54	Subsection (a) of this section.
55	55	SECTION 2. The real property to which Section 1 of this Act
56	56	applies is described as follows:
57	57	The real property title to which is held by the Health and
58	58	Human Services Commission consisting of the complex site of the
59	59	Lubbock Psychiatric Hospital, doing business as Sunrise Canyon
60	60	Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock
61	61	County, Texas, constituting 8 acres of land and more particularly
62	62	described as Tract A - MHMR Addition in a deed to the state recorded
63	63	at Volume 4359, page 48 of the Deed Records of Lubbock County.
64	64	SECTION 3. This Act takes effect September 1, 2023.
65	65	______________________________ ______________________________
66	66	President of the Senate Speaker of the House
67	67	I certify that H.B. No. 4415 was passed by the House on May 9,
68	68	2023, by the following vote: Yeas 138, Nays 4, 2 present, not
69	69	voting.
70	70	______________________________
71	71	Chief Clerk of the House
72	72	I certify that H.B. No. 4415 was passed by the Senate on May
73	73	24, 2023, by the following vote: Yeas 31, Nays 0.
74	74	______________________________
75	75	Secretary of the Senate
76	76	APPROVED: _____________________
77	77	Date
78	78	_____________________
79	79	Governor