1 | 1 | | 89R16173 SCR-F |
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2 | 2 | | By: Gervin-Hawkins H.B. No. 5473 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to certain interests of the Health and Human Services |
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10 | 10 | | Commission in certain real property in Bexar County. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. DEFINITIONS. (a) In this Act: |
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13 | 13 | | (1) "Center" means the Bexar County Board of Trustees |
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14 | 14 | | for Mental Health Mental Retardation Services d/b/a The Center for |
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15 | 15 | | Health Care Services. |
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16 | 16 | | (2) "Commission" means the Health and Human Services |
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17 | 17 | | Commission. |
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18 | 18 | | SECTION 2. EXTENSION OF REVERSION PERIOD. (a) The |
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19 | 19 | | commission may by appropriate instrument extend to one year the |
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20 | 20 | | period during which the center may fail to use the property |
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21 | 21 | | described by Section 3 of this Act in the manner described by |
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22 | 22 | | Chapter 423 (H.B. 2039), Acts of the 81st Legislature, Regular |
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23 | 23 | | Session, 2009, before the ownership of the property automatically |
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24 | 24 | | reverts to the commission. |
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25 | 25 | | (b) Consideration for the extension authorized by |
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26 | 26 | | Subsection (a) of this section shall be in the form of an agreement |
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27 | 27 | | between the commission and the center that requires the center to |
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28 | 28 | | report to the commission not less than once every three months |
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29 | 29 | | regarding the center's use of the property. |
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30 | 30 | | (c) The construction, renovation, repair, or other |
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31 | 31 | | maintenance of property described by Section 3 of this Act |
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32 | 32 | | undertaken to facilitate the property's use to provide |
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33 | 33 | | community-based mental health or mental retardation services is |
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34 | 34 | | considered use of the property in the manner described by Chapter |
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35 | 35 | | 423 (H.B. 2039), Acts of the 81st Legislature, Regular Session, |
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36 | 36 | | 2009. |
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37 | 37 | | SECTION 3. PROPERTY SUBJECT TO REVERSIONARY INTEREST. The |
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38 | 38 | | real property to which Section 2 of this Act applies is situated in |
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39 | 39 | | Bexar County, Texas, and is described more particularly as follows: |
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40 | 40 | | A 1.277 acre tract of land, more or less, out of the Richard |
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41 | 41 | | Buschel Survey No. 325, County Block 5053, Bexar County, Texas and |
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42 | 42 | | more commonly known as 8155 and 8165 Lone Shadow Trail, Converse, |
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43 | 43 | | Texas 78109. |
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44 | 44 | | Lots 7 And 8, Block J, LINKWOOD ADDITION, in the City Of Leon |
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45 | 45 | | Valley, Bexar County, Texas, according to plat thereof, recorded In |
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46 | 46 | | Volume 5580, Page 114, Deed And Plat Records Of Bexar County, Texas |
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47 | 47 | | and more commonly known as 7622 Linkside Drive, Leon Valley, Texas |
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48 | 48 | | 78240. |
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49 | 49 | | Lot 16, Block 2, New City Block 13819, TERRACE NORTH |
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50 | 50 | | SUBDIVISION, in the City of San Antonio, Bexar County, Texas, |
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51 | 51 | | according to plat thereof recorded in Volume 5580, Page 260, Deed |
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52 | 52 | | And Plat Records Of Bexar County, Texas and more commonly known as |
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53 | 53 | | 2927 Eisenhauer Road, San Antonio, Texas 78209. |
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54 | 54 | | SECTION 4. TRANSFER OF PROPERTY. (a) The commission may |
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55 | 55 | | transfer to the center the real property described by Section 5 of |
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56 | 56 | | this Act: |
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57 | 57 | | (1) including improvements to the property; and |
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58 | 58 | | (2) excluding the mineral interests in and under the |
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59 | 59 | | property. |
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60 | 60 | | (b) Consideration for the transfer authorized by Subsection |
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61 | 61 | | (a) of this section shall be in the form of an agreement between the |
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62 | 62 | | commission and the center that requires the center to use the |
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63 | 63 | | property in a manner that primarily promotes a public purpose of the |
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64 | 64 | | state by using the property to provide community-based mental |
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65 | 65 | | health or mental retardation services and to report to the |
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66 | 66 | | commission not less than once every three months regarding the |
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67 | 67 | | center's use of the property. The construction, renovation, |
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68 | 68 | | repair, or other maintenance of property described by Section 5 of |
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69 | 69 | | this Act undertaken to facilitate the property's use to provide |
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70 | 70 | | community-based mental health or mental retardation services is |
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71 | 71 | | considered use of the property in the manner described by this |
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72 | 72 | | subsection. |
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73 | 73 | | (c) If the center fails to use the property in the manner |
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74 | 74 | | described by an agreement under Subsection (b) of this section for |
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75 | 75 | | more than 365 continuous days, ownership of the property |
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76 | 76 | | automatically reverts to the commission. |
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77 | 77 | | (d) The commission shall transfer the property by a deed |
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78 | 78 | | that: |
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79 | 79 | | (1) is without warranties regarding covenants of |
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80 | 80 | | title; and |
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81 | 81 | | (2) includes a provision that: |
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82 | 82 | | (A) requires the center to: |
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83 | 83 | | (i) use the property in a manner that |
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84 | 84 | | primarily promotes a public purpose of the state by using the |
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85 | 85 | | property to provide community-based mental health and mental |
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86 | 86 | | retardation services; and |
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87 | 87 | | (ii) report to the commission not less than |
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88 | 88 | | once every three months regarding the center's use of the property; |
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89 | 89 | | and |
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90 | 90 | | (B) indicates that ownership of the property |
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91 | 91 | | automatically reverts to the commission if the center fails to use |
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92 | 92 | | the property in the manner described by Paragraph (A) of this |
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93 | 93 | | subdivision for more than 365 continuous days. |
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94 | 94 | | (e) The state reserves: |
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95 | 95 | | (1) the state's interest in all oil, gas, and other |
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96 | 96 | | minerals in and under the real property described by Section 5 of |
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97 | 97 | | this Act; |
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98 | 98 | | (2) the state's right to remove from the real property |
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99 | 99 | | described by Section 5 of this Act any oil, gas, and other minerals |
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100 | 100 | | in and under the real property; and |
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101 | 101 | | (3) the state's right to grant a lease held by the |
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102 | 102 | | state before a conveyance of real property described by Section 5 of |
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103 | 103 | | this Act relating to the removal of oil, gas, and other minerals in |
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104 | 104 | | and under the real property. |
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105 | 105 | | (f) Sections 533.084 and 533.087, Health and Safety Code, |
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106 | 106 | | and Sections 31.1571 and 31.158, Natural Resources Code, do not |
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107 | 107 | | apply to a transfer of real property authorized by this Act. |
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108 | 108 | | SECTION 5. PROPERTY SUBJECT TO TRANSFER. The real property |
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109 | 109 | | to which Section 4 of this Act applies is situated in Bexar County, |
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110 | 110 | | Texas, and is described more particularly as follows: |
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111 | 111 | | Lots 34, and 35, Block 1, WOODLAKE, UNIT 7E, Bexar County, |
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112 | 112 | | Texas, according to plat thereof recorded in Volume 9503, pages |
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113 | 113 | | 151-152, Deed and Plat Records of Bexar County, Texas and more |
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114 | 114 | | commonly known as 6718 Calm Lake Road, San Antonio, Texas 78244. |
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115 | 115 | | SECTION 6. EFFECTIVE DATE. This Act takes effect |
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116 | 116 | | immediately if it receives a vote of two-thirds of all the members |
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117 | 117 | | elected to each house, as provided by Section 39, Article III, Texas |
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118 | 118 | | Constitution. If this Act does not receive the vote necessary for |
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119 | 119 | | immediate effect, this Act takes effect September 1, 2025. |
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