88R10042 KBB-F
By: Perry S.B. No. 1103
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain real property from the Health
and Human Services Commission to the StarCare Specialty Health
System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than November 30, 2023, the Health
and Human Services Commission shall transfer the real property
described by Section 2 of this Act to Lubbock Regional MHMR Center
d/b/a StarCare Specialty Health System, including the improvements
affixed to the property and excluding the mineral interests in and
under the property.
(b) Consideration for the transfer authorized by Subsection
(a) of this section is the requirement that StarCare Specialty
Health System use the transferred property only to provide
community-based mental health, physical health, health-related, or
intellectual and developmental disability services, a purpose that
benefits the public interest of the state.
(c) If StarCare Specialty Health System fails to use the
property in the manner described by Subsection (b) of this section
for more than 180 continuous days after the transfer for reasons
other than periods of renovation, construction, or other
improvements, or due to an emergency or natural disaster, ownership
of the property automatically reverts to the Health and Human
Services Commission.
(d) The Health and Human Services Commission shall transfer
the property by an appropriate instrument of transfer that:
(1) includes a provision that:
(A) requires StarCare Specialty Health System to
use the property to provide community-based mental health, physical
health, health-related, or intellectual and developmental
disability services, a purpose that benefits the public interest of
the state; and
(B) indicates that ownership of the property
automatically reverts to the Health and Human Services Commission
if StarCare Specialty Health System fails to use the property for
that public purpose as described by Subsection (c) of this section;
and
(2) describes the property to be transferred by metes
and bounds.
(e) The Health and Human Services Commission may execute an
appropriate instrument to release and nullify the right of reverter
described by Subsection (c) of this section if mutually agreed to by
the parties, but only if the Health and Human Services Commission
makes a finding that consideration received through the use of the
property as described by Subsection (b) of this section has
sufficient cumulative value to equal or exceed the fair market
value of the property at the time of the transfer.
(f) Sections 533.084 and 533.087, Health and Safety Code,
and Sections 31.1571, 31.158, and 31.159, Natural Resources Code,
do not apply to the transfer of real property authorized by
Subsection (a) of this section.
SECTION 2. The real property to which Section 1 of this Act
applies is described as follows:
The real property title to which is held by the Health and
Human Services Commission consisting of the complex site of the
Lubbock Psychiatric Hospital, doing business as Sunrise Canyon
Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock
County, Texas, constituting 8 acres of land and more particularly
described as Tract A - MHMR Addition in a deed to the state recorded
at Volume 4359, page 48 of the Deed Records of Lubbock County.
SECTION 3. This Act takes effect September 1, 2023.