Bexar mental health center gets a year before properties revert

The text as introduced · 984 words

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.