Bill Text: TX HB4415 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the transfer of certain real property from the Health and Human Services Commission to the StarCare Specialty Health System.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB4415 Detail]
Download: Texas-2023-HB4415-Enrolled.html
| H.B. No. 4415 | ||
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| relating to the transfer of certain real property from the Health | ||
| and Human Services Commission to the StarCare Specialty Health | ||
| System. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. (a) Not later than November 30, 2023, the Health | ||
| and Human Services Commission shall transfer the real property | ||
| described by Section 2 of this Act to Lubbock Regional MHMR Center | ||
| d/b/a StarCare Specialty Health System, including the improvements | ||
| affixed to the property and excluding the mineral interests in and | ||
| under the property. | ||
| (b) Consideration for the transfer authorized by Subsection | ||
| (a) of this section is the requirement that StarCare Specialty | ||
| Health System use the transferred property only to provide | ||
| community-based mental health, physical health, health-related, or | ||
| intellectual and developmental disability services, a purpose that | ||
| benefits the public interest of the state. | ||
| (c) If StarCare Specialty Health System fails to use the | ||
| property in the manner described by Subsection (b) of this section | ||
| for more than 180 continuous days after the transfer for reasons | ||
| other than periods of renovation, construction, or other | ||
| improvements, or due to an emergency or natural disaster, ownership | ||
| of the property automatically reverts to the Health and Human | ||
| Services Commission. | ||
| (d) The Health and Human Services Commission shall transfer | ||
| the property by an appropriate instrument of transfer that: | ||
| (1) includes a provision that: | ||
| (A) requires StarCare Specialty Health System to | ||
| use the property to provide community-based mental health, physical | ||
| health, health-related, or intellectual and developmental | ||
| disability services, a purpose that benefits the public interest of | ||
| the state; and | ||
| (B) indicates that ownership of the property | ||
| automatically reverts to the Health and Human Services Commission | ||
| if StarCare Specialty Health System fails to use the property for | ||
| that public purpose as described by Subsection (c) of this section; | ||
| and | ||
| (2) describes the property to be transferred by metes | ||
| and bounds. | ||
| (e) The Health and Human Services Commission may execute an | ||
| appropriate instrument to release and nullify the right of reverter | ||
| described by Subsection (c) of this section if mutually agreed to by | ||
| the parties, but only if the Health and Human Services Commission | ||
| makes a finding that consideration received through the use of the | ||
| property as described by Subsection (b) of this section has | ||
| sufficient cumulative value to equal or exceed the fair market | ||
| value of the property at the time of the transfer. | ||
| (f) Sections 533.084 and 533.087, Health and Safety Code, | ||
| and Sections 31.1571, 31.158, and 31.159, Natural Resources Code, | ||
| do not apply to the transfer of real property authorized by | ||
| Subsection (a) of this section. | ||
| SECTION 2. The real property to which Section 1 of this Act | ||
| applies is described as follows: | ||
| The real property title to which is held by the Health and | ||
| Human Services Commission consisting of the complex site of the | ||
| Lubbock Psychiatric Hospital, doing business as Sunrise Canyon | ||
| Hospital, situated primarily at 1950 Aspen Avenue, Lubbock, Lubbock | ||
| County, Texas, constituting 8 acres of land and more particularly | ||
| described as Tract A - MHMR Addition in a deed to the state recorded | ||
| at Volume 4359, page 48 of the Deed Records of Lubbock County. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4415 was passed by the House on May 9, | ||
| 2023, by the following vote: Yeas 138, Nays 4, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4415 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
