89R16173 SCR-F
By: Gervin-Hawkins H.B. No. 5473
A BILL TO BE ENTITLED
AN ACT
relating to certain interests of the Health and Human Services
Commission in certain real property in Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. (a) In this Act:
(1) "Center" means the Bexar County Board of Trustees
for Mental Health Mental Retardation Services d/b/a The Center for
Health Care Services.
(2) "Commission" means the Health and Human Services
Commission.
SECTION 2. EXTENSION OF REVERSION PERIOD. (a) The
commission may by appropriate instrument extend to one year the
period during which the center may fail to use the property
described by Section 3 of this Act in the manner described by
Chapter 423 (H.B. 2039), Acts of the 81st Legislature, Regular
Session, 2009, before the ownership of the property automatically
reverts to the commission.
(b) Consideration for the extension authorized by
Subsection (a) of this section shall be in the form of an agreement
between the commission and the center that requires the center to
report to the commission not less than once every three months
regarding the center's use of the property.
(c) The construction, renovation, repair, or other
maintenance of property described by Section 3 of this Act
undertaken to facilitate the property's use to provide
community-based mental health or mental retardation services is
considered use of the property in the manner described by Chapter
423 (H.B. 2039), Acts of the 81st Legislature, Regular Session,
2009.
SECTION 3. PROPERTY SUBJECT TO REVERSIONARY INTEREST. The
real property to which Section 2 of this Act applies is situated in
Bexar County, Texas, and is described more particularly as follows:
A 1.277 acre tract of land, more or less, out of the Richard
Buschel Survey No. 325, County Block 5053, Bexar County, Texas and
more commonly known as 8155 and 8165 Lone Shadow Trail, Converse,
Texas 78109.
Lots 7 And 8, Block J, LINKWOOD ADDITION, in the City Of Leon
Valley, Bexar County, Texas, according to plat thereof, recorded In
Volume 5580, Page 114, Deed And Plat Records Of Bexar County, Texas
and more commonly known as 7622 Linkside Drive, Leon Valley, Texas
78240.
Lot 16, Block 2, New City Block 13819, TERRACE NORTH
SUBDIVISION, in the City of San Antonio, Bexar County, Texas,
according to plat thereof recorded in Volume 5580, Page 260, Deed
And Plat Records Of Bexar County, Texas and more commonly known as
2927 Eisenhauer Road, San Antonio, Texas 78209.
SECTION 4. TRANSFER OF PROPERTY. (a) The commission may
transfer to the center the real property described by Section 5 of
this Act:
(1) including improvements to the property; and
(2) excluding the mineral interests in and under the
property.
(b) Consideration for the transfer authorized by Subsection
(a) of this section shall be in the form of an agreement between the
commission and the center that requires the center to use the
property in a manner that primarily promotes a public purpose of the
state by using the property to provide community-based mental
health or mental retardation services and to report to the
commission not less than once every three months regarding the
center's use of the property. The construction, renovation,
repair, or other maintenance of property described by Section 5 of
this Act undertaken to facilitate the property's use to provide
community-based mental health or mental retardation services is
considered use of the property in the manner described by this
subsection.
(c) If the center fails to use the property in the manner
described by an agreement under Subsection (b) of this section for
more than 365 continuous days, ownership of the property
automatically reverts to the commission.
(d) The commission shall transfer the property by a deed
that:
(1) is without warranties regarding covenants of
title; and
(2) includes a provision that:
(A) requires the center to:
(i) use the property in a manner that
primarily promotes a public purpose of the state by using the
property to provide community-based mental health and mental
retardation services; and
(ii) report to the commission not less than
once every three months regarding the center's use of the property;
and
(B) indicates that ownership of the property
automatically reverts to the commission if the center fails to use
the property in the manner described by Paragraph (A) of this
subdivision for more than 365 continuous days.
(e) The state reserves:
(1) the state's interest in all oil, gas, and other
minerals in and under the real property described by Section 5 of
this Act;
(2) the state's right to remove from the real property
described by Section 5 of this Act any oil, gas, and other minerals
in and under the real property; and
(3) the state's right to grant a lease held by the
state before a conveyance of real property described by Section 5 of
this Act relating to the removal of oil, gas, and other minerals in
and under the real property.
(f) Sections 533.084 and 533.087, Health and Safety Code,
and Sections 31.1571 and 31.158, Natural Resources Code, do not
apply to a transfer of real property authorized by this Act.
SECTION 5. PROPERTY SUBJECT TO TRANSFER. The real property
to which Section 4 of this Act applies is situated in Bexar County,
Texas, and is described more particularly as follows:
Lots 34, and 35, Block 1, WOODLAKE, UNIT 7E, Bexar County,
Texas, according to plat thereof recorded in Volume 9503, pages
151-152, Deed and Plat Records of Bexar County, Texas and more
commonly known as 6718 Calm Lake Road, San Antonio, Texas 78244.
SECTION 6. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2025.