Texas 2023 - 88th Regular

Texas Senate Bill SB1103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10042 KBB-F
2	2	By: Perry S.B. No. 1103
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of certain real property from the Health
8	8	and Human Services Commission to the StarCare Specialty Health
9	9	System.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) Not later than November 30, 2023, the Health
12	12	and Human Services Commission shall transfer the real property
13	13	described by Section 2 of this Act to Lubbock Regional MHMR Center
14	14	d/b/a StarCare Specialty Health System, including the improvements
15	15	affixed to the property and excluding the mineral interests in and
16	16	under the property.
17	17	(b) Consideration for the transfer authorized by Subsection
18	18	(a) of this section is the requirement that StarCare Specialty
19	19	Health System use the transferred property only to provide
20	20	community-based mental health, physical health, health-related, or
21	21	intellectual and developmental disability services, a purpose that
22	22	benefits the public interest of the state.
23	23	(c) If StarCare Specialty Health System fails to use the
24	24	property in the manner described by Subsection (b) of this section
25	25	for more than 180 continuous days after the transfer for reasons
26	26	other than periods of renovation, construction, or other
27	27	improvements, or due to an emergency or natural disaster, ownership
28	28	of the property automatically reverts to the Health and Human
29	29	Services Commission.
30	30	(d) The Health and Human Services Commission shall transfer
31	31	the property by an appropriate instrument of transfer that:
32	32	(1) includes a provision that:
33	33	(A) requires StarCare Specialty Health System to
34	34	use the property to provide community-based mental health, physical
35	35	health, health-related, or intellectual and developmental
36	36	disability services, a purpose that benefits the public interest of
37	37	the state; and
38	38	(B) indicates that ownership of the property
39	39	automatically reverts to the Health and Human Services Commission
40	40	if StarCare Specialty Health System fails to use the property for
41	41	that public purpose as described by Subsection (c) of this section;
42	42	and
43	43	(2) describes the property to be transferred by metes
44	44	and bounds.
45	45	(e) The Health and Human Services Commission may execute an
46	46	appropriate instrument to release and nullify the right of reverter
47	47	described by Subsection (c) of this section if mutually agreed to by
48	48	the parties, but only if the Health and Human Services Commission
49	49	makes a finding that consideration received through the use of the
50	50	property as described by Subsection (b) of this section has
51	51	sufficient cumulative value to equal or exceed the fair market
52	52	value of the property at the time of the transfer.
53	53	(f) Sections 533.084 and 533.087, Health and Safety Code,
54	54	and Sections 31.1571, 31.158, and 31.159, Natural Resources Code,
55	55	do not apply to the transfer of real property authorized by
56	56	Subsection (a) of this section.
57	57	SECTION 2. The real property to which Section 1 of this Act
58	58	applies is described as follows:
59	59	The real property title to which is held by the Health and
60	60	Human Services Commission consisting of the complex site of the
61	61	Lubbock Psychiatric Hospital, doing business as Sunrise Canyon
62	62	Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock
63	63	County, Texas, constituting 8 acres of land and more particularly
64	64	described as Tract A - MHMR Addition in a deed to the state recorded
65	65	at Volume 4359, page 48 of the Deed Records of Lubbock County.
66	66	SECTION 3. This Act takes effect September 1, 2023.