HB 5141

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 5141 requires the Health and Human Services Commission (HHSC) to lease approximately 16.08 acres of state-owned property on the Austin State Hospital campus to Travis County as soon as practicable after the Act takes effect. The lease must be for a term of 99 years and must require that the property be used primarily to promote a public purpose of the state. If Travis County ceases to use the property for that purpose for more than 180 consecutive days, the lease automatically terminates and possession of the property reverts to HHSC.

The bill directs HHSC to execute the lease through an appropriate instrument of transfer that authorizes Travis County to operate and maintain public amenities on the property and to construct, demolish, or modify improvements, utilities, infrastructure, and other amenities as necessary. The instrument must also include a metes-and-bounds description of the property and be filed in the Travis County real property records, with HHSC retaining custody of the executed instrument.

Additionally, the bill exempts the lease from certain statutory requirements governing the disposition and leasing of state-owned real property under the Health and Safety Code and Natural Resources Code. It also provides the legal description of the leased tract.

The Committee Substitute for HB 5141 is substantively almost identical to the originally filed bill. The primary change made by the Committee Substitute is to update the state agency responsible for the lease from the Department of State Health Services (DSHS) to the Health and Human Services Commission (HHSC). Throughout the bill, all references assigning responsibility for leasing the property, executing and retaining the lease instrument, and receiving the automatic reversion of the property upon termination were changed to HHSC.

The Committee Substitute does not alter the underlying policy or mechanics of the proposal. Both versions require the state to lease approximately 16.08 acres of the Austin State Hospital property to Travis County for a 99-year term, require the property to be used primarily for a public purpose of the state, provide for automatic termination and reversion of the property if that requirement is not met for more than 180 consecutive days, authorize Travis County to operate public amenities and construct or demolish improvements, and exempt the lease from specified provisions of the Health and Safety Code and Natural Resources Code. The legal description of the property and the bill's effective date provisions also remain unchanged.

As a result, the Committee Substitute appears to make only a technical or administrative update to reflect the proper agency with custody or authority over the property rather than making any substantive policy changes. The scope of the lease, the conditions placed on Travis County's use of the property, and the legal effect of the bill remain the same as in the originally filed version.
Author (2)
Donna Howard
Ellen Troxclair
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state is anticipated as a result of the bill. The LBB assumes that any administrative costs associated with leasing the property from the Health and Human Services Commission to Travis County can be absorbed using the agency's existing resources, indicating that the legislation is not expected to require additional appropriations or create a material impact on the state budget.

The LBB also projects no significant fiscal implications for units of local government. Although Travis County would assume responsibility for the leased property and its associated public amenities, the fiscal note does not anticipate that the lease arrangement will result in substantial new costs or savings for local governments.

Overall, the fiscal analysis indicates that the bill is expected to have a negligible budgetary impact on both state and local governments, with implementation occurring within existing agency resources and without requiring additional state funding.

Vote Recommendation Notes

While HB 5141 does not significantly increase state spending or impose new regulatory burdens on individuals or businesses, it expands the role of government by facilitating the creation of a new county-operated behavioral health facility on state-owned property. Rather than divesting the asset or relying on private, charitable, or market-based alternatives, the bill commits state property to a 99-year lease for the expansion of a government-operated service. Although the lease includes safeguards requiring continued public use and reversion of the property if that use ceases, the legislation nonetheless increases the government's role in behavioral health service delivery and establishes a long-term commitment of public assets.

From a limited-government perspective, the bill also bypasses certain statutory requirements governing the disposition of state property, raising concerns about precedent and stewardship of taxpayer-owned assets. While the LBB found no significant fiscal impact and no additional regulatory burden, the bill represents an expansion of publicly managed infrastructure rather than a reduction in the government's footprint. Lawmakers who prioritize limiting government growth, preserving legislative flexibility over state assets, and encouraging private-sector or community-based solutions may reasonably conclude that these policy concerns outweigh the bill's operational benefits.

As such, Texas Policy Research recommends that lawmakers vote NO on HB 5141.

  • Individual Liberty: The bill does not create new mandates, criminal offenses, surveillance, or restrictions on individual behavior. It primarily concerns the leasing of state property for a public facility. While the facility may affect how individuals experiencing behavioral health crises interact with public services, it does not directly expand or contract individual rights.
  • Personal Responsibility: By facilitating a publicly operated behavioral health diversion center, the bill expands the government's role in addressing behavioral health crises rather than relying on private, charitable, family, or community-based solutions. Although diversion may produce positive outcomes, the bill supports greater governmental responsibility for providing these services.
  • Free Enterprise: The bill commits state-owned property to a government-operated county facility rather than making the property available for private development, competitive leasing, or market-based uses. While it imposes no new regulations on businesses, it favors public-sector service delivery over private alternatives.
  • Private Property Rights: The bill affects only state-owned property and does not expand eminent domain authority, restrict private property use, or impose new obligations on private landowners. Although it authorizes a long-term lease of public land, it does not directly impact private property rights.
  • Limited Government: The bill expands the government's operational footprint by enabling a new county-operated behavioral health facility on state-owned land through a 99-year lease. It also creates a statutory exception to existing state property disposition laws. While it does not create a new agency or require significant new spending, it increases the government's role in service delivery and commits public assets to that purpose over the long term.
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