Tex. Health & Safety Code Section 533.087
Lease of Real Property


(a)

The department, in coordination with the executive commissioner, may lease real property related to the provision of services under this title, including any improvements under the department’s management and control, regardless of whether the property is surplus property. Except as provided by Subsection (c), the department, in coordination with the executive commissioner, may award a lease of real property only:

(1)

at the prevailing market rate; and

(2)

by competitive bid.

(b)

The commission shall advertise a proposal for lease at least once a week for four consecutive weeks in:

(1)

a newspaper published in the municipality in which the property is located or the daily newspaper published nearest to the property’s location; and

(2)

a newspaper of statewide circulation.

(c)

The department, in coordination with the executive commissioner, may lease real property related to the provision of services under this title or an improvement for less than the prevailing market rate, without advertisement or without competitive bidding, if:

(1)

the executive commissioner determines that sufficient public benefit will be derived from the lease; and

(2)

the property is leased to:

(A)

a federal or state agency;

(B)

a unit of local government;

(C)

a not-for-profit organization; or

(D)

an entity related to the department by a service contract.

(d)

The executive commissioner shall adopt leasing rules, forms, and contracts that will protect the state’s interests.

(e)

The executive commissioner may reject any bid.

(f)

This section does not authorize the executive commissioner or department to close or consolidate a facility used to provide mental health services without legislative approval.

(g)

Notwithstanding Subsections (a) and (b), the executive commissioner, in coordination with the department, may enter into a written agreement with the General Land Office to administer lease proposals. If the General Land Office administers a lease proposal under the agreement, notice that the property is offered for lease must be published in accordance with Section 32.107 (Notice of Sale, Lease, and Contract for Development), Natural Resources Code.
Added by Acts 1995, 74th Leg., ch. 821, Sec. 10, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.

Source: Section 533.087 — Lease of Real Property, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­533.­htm#533.­087 (accessed May 18, 2024).

533.0001
Definitions
533.001
Gifts and Grants
533.0002
Commissioner’s Powers and Duties
533.003
Use of Funds for Volunteer Programs in Local Authorities and Community Centers
533.004
Liens
533.005
Easements
533.007
Use of Criminal History Record Information
533.008
Employment Opportunities for Individuals with Mental Illness or an Intellectual Disability
533.009
Exchange of Patient Records
533.010
Information Relating to Condition
533.012
Cooperation of State Agencies
533.014
Responsibility of Local Mental Health Authorities in Making Treatment Recommendations
533.015
Unannounced Inspections
533.016
Certain Procurements of Goods and Services by Service Providers
533.017
Participation in Purchasing Contracts or Group Purchasing Program
533.031
Definitions
533.032
Long-range Planning
533.033
Determination of Required Range of Mental Health Services
533.034
Authority to Contract for Community-based Services
533.035
Local Mental Health Authorities
533.037
Service Programs and Sheltered Workshops
533.040
Services for Children and Youth
533.042
Evaluation of Elderly Residents
533.043
Proposals for Geriatric, Extended, and Transitional Care
533.051
Allocation of Outpatient Mental Health Services and Beds in State Hospitals
533.052
Contracting with Certain Mental Health Service Providers and Facilities to Provide Services and Beds for Certain Persons
533.053
Informing Courts of Commitment Options
533.0075
Exchange of Employment Records
533.081
Development of Facility Budgets
533.082
Determination of Savings in Facilities
533.083
Criteria for Expansion, Closure, or Consolidation of Facility
533.084
Management of Surplus Real Property
533.085
Facilities for Inmate and Parolee Care
533.087
Lease of Real Property
533.0095
Collection and Maintenance of Information Regarding Persons Found Not Guilty by Reason of Insanity
533.108
Prioritization of Funding for Diversion of Persons from Incarceration in Certain Counties
533.0325
Continuum of Services in Campus Facilities
533.0345
State Agency Services Standards
533.0351
Required Composition of Local Mental Health Authority Governing Body
533.0352
Local Authority Planning for Local Service Area
533.0354
Disease Management Practices and Jail Diversion Measures of Local Mental Health Authorities
533.0356
Local Behavioral Health Authorities
533.0357
Best Practices Clearinghouse for Local Mental Health Authorities
533.0358
Local Mental Health Authority’s Provision of Services as Provider of Last Resort
533.0359
Rulemaking for Local Mental Health Authorities
533.0415
Memorandum of Understanding on Interagency Training
533.0515
Regional Allocation of Mental Health Beds
533.0844
Mental Health Community Services Account
533.03521
Local Network Development Plan Creation and Approval

Accessed:
May 18, 2024

§ 533.087’s source at texas​.gov