Bill Text: TX HB2258 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the use and transferability of certain state property transferred from the state to Spindletop MHMR Services.
Sponsorship: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB2258 Detail]
Download: Texas-2011-HB2258-Enrolled.html
| H.B. No. 2258 | ||
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| relating to the use and transferability of certain state property | ||
| transferred from the state to Spindletop MHMR Services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1, Chapter 1036 (H.B. 1759), Acts of the | ||
| 80th Legislature, Regular Session, 2007, is amended by amending | ||
| Subsection (c) and adding Subsections (f-2), (f-3), (f-4), and | ||
| (f-5) to read as follows: | ||
| (c) Consideration for the transfer authorized by Subsection | ||
| (a) of this section shall be in the form of an agreement between the | ||
| parties that requires Spindletop MHMR Services 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. An agreement under this subsection | ||
| that is amended or supplemented by addendum under Subsection (f-1) | ||
| of this section to require Spindletop MHMR Services to use the | ||
| property in a manner that primarily promotes a public purpose of the | ||
| state by using the property to provide community-based physical | ||
| health, health-related, mental health, or mental retardation | ||
| services or under Subsection (f-2) of this section to authorize a | ||
| transfer or lease of the property must be: | ||
| (1) executed by the parties; and | ||
| (2) recorded in the real property records of Jefferson | ||
| County, Texas. | ||
| (f-2) After a transfer of real property under Subsection (a) | ||
| of this section takes effect, the parties may by addendum amend or | ||
| supplement the agreement under Subsection (c) to authorize: | ||
| (1) in exchange for payment of the fair market value of | ||
| the property or of any portion of the property to be transferred | ||
| under this subdivision, as determined by an independent appraiser, | ||
| a transfer of the property or portion of the property, in one or | ||
| more transactions, to an entity or organization that: | ||
| (A) is listed under Section 501(c)(3), Internal | ||
| Revenue Code of 1986; | ||
| (B) is exempt from federal income taxation under | ||
| Section 501(a), Internal Revenue Code of 1986; and | ||
| (C) primarily provides health care services; or | ||
| (2) in exchange for payment of the fair market lease | ||
| value of the property or of any portion of the property to be leased | ||
| under this subdivision, as determined by an independent appraiser, | ||
| a lease of the property or portion of the property in one or more | ||
| transactions. | ||
| (f-3) Spindletop MHMR Services shall retain a payment | ||
| resulting from a transaction under Subsection (f-2) and use the | ||
| money only in a manner that primarily promotes a public purpose of | ||
| the state by providing community-based physical health, | ||
| health-related, mental health, or mental retardation services. | ||
| (f-4) If the lease described under Subsection (f-2)(2) is | ||
| for a term of 20 years or more, Spindletop MHMR Services may lease | ||
| the property only to an entity or organization that: | ||
| (1) is listed under Section 501(c)(3), Internal | ||
| Revenue Code of 1986; | ||
| (2) is exempt from federal income taxation under | ||
| Section 501(a), Internal Revenue Code of 1986; and | ||
| (3) primarily provides health care services. | ||
| (f-5) A conveyance of property under Subsection (f-2)(1) or | ||
| (2) to an entity or organization must be conditioned on an | ||
| obligation that the property be used in a manner that primarily | ||
| promotes a public purpose of the state by providing community-based | ||
| physical health, health-related, mental health, or mental | ||
| retardation services. The conveyance must provide that ownership | ||
| of the property automatically reverts to the state on the date that | ||
| the entity or organization fails to use the property in a manner | ||
| that primarily promotes a public purpose of the state by providing | ||
| community-based physical health, health-related, mental health, or | ||
| mental retardation services. | ||
| SECTION 2. 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2258 was passed by the House on April | ||
| 7, 2011, by the following vote: Yeas 141, Nays 3, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2258 was passed by the Senate on May | ||
| 19, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
