Declaration Determining Reversion to the Federal Treasury of Real Estate Transferred to the Government of the State of Tamaulipas — SHCP — MX

DOF: 21/03/2024

DECLARATORIA by which it is determined that the real estate that was transferred to the Government of the State of Tamaulipas, through Donation and Cession of Possessory Rights Contract number CD Y CDP, reverts to the patrimony of the Federation.

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-010/2024.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of the Ministry of Treasury and Public Credit, based on the provisions of articles 1, 2, fraction I, 17, 26, 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fractions II and IV, 29, fractions I and XV, 93, second paragraph, 94, second paragraph, and 101, fraction IV of the General Law of National Assets; 4, Section G, fraction V, 48, and 49 of the Internal Regulations of the Ministry of Treasury and Public Credit; 1, 3, fraction X, 4, fraction I, subsection a), and 6, fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; deem it appropriate to issue this declaratory, taking into account the following:

CONSIDERING

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate forming part of the federal patrimony, which had been used by the Ministry of Health to provide services to the population in first-level units, hospitals, administrative offices, warehouses, and auxiliary services, were de-incorporated from the public domain regime of the Federation, and the then Ministry of Comptrollership and Administrative Development was authorized to donate them on behalf and representation of the Federal Government to the Government of the State where they are located, so that they would continue to be used for the same purpose.

SECOND.-

That through Donation and Cession of Possessory Rights Contract number CD Y

CDP.- 2000 003 dated November 13, 2000, registered in the Federal Property Registry under Folio Real number 55622 dated November 29, 2000, the Federal Government formalized the transfer actions of real estate in favor of the Government of the State of Tamaulipas, granting the gratuitous donation of the property and the cession of possessory rights of 149 real estate properties, under the commitment to dedicate them to the provision of public health services and related activities.

THIRD. That on May 29, 2023, the "Decree by which various provisions of the General Health Law are reformed, added to, and repealed, to regulate the Health System for Wellbeing" was published in the Official Gazette of the Federation, which stated verbatim:

" ...

Article 7th.- ...

For the purposes of what is provided in the previous paragraph, Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) will collaborate with the Ministry of Health regarding the provision of free health services, medications, and other associated supplies required by people without social security, within the framework of the Health System for Wellbeing referred to in Title Third Bis of this Law, for the purposes specified in this Law.

...

Article 18.- ...

The Federation, through the Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) and in accordance with applicable legal provisions, will propose the celebration of coordination agreements with the governments of the federative entities regarding the provision of services referred to in fractions II and II Bis of article 3 of this Law.

Article 19. The Federation and the governments of the federative entities, in accordance with applicable legal provisions, will contribute the material, human, and financial resources necessary for the operation of general public health services, which are included in the agreements and coordination agreements celebrated for this purpose, in accordance with the previous article.

...

Article 77 bis 6. Health Services of the Mexican Social Security Institute for Wellbeing (IMSS- BIENESTAR) and the federative entities may celebrate coordination agreements for the execution of the provision of free health services, medications, and other associated supplies for people without social security.

...

Article 77 bis 35.- The decentralized public body Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) is the health institution of the Mexican State responsible for the provision of free health services, medications, and other associated supplies for the comprehensive care of people who do not have affiliation with social security institutions, in the case of concurrence with the federative entities, independent of the health services provided by other public or private institutions.

...

FOURTH.

In order to contribute to the provision of free health services, medications

and other associated supplies required by people without social security, the Government of the State of

Tamaulipas celebrated a Coordination Agreement that establishes the form of collaboration in matters of

personnel, infrastructure, equipment, medications, and other associated supplies, for the provision

of free health services, for people without social security, with the Ministry of Health, the Mexican

Social Security Institute, Health Services of the Mexican Social Security Institute for Wellbeing

(IMSS-BIENESTAR) dated August 11, 2023 (Coordination Agreement), having as its object

establishing the commitments to which the parties will be subject for the transfer, published on November 29

of 2023 in the Official Gazette of the Federation.

FIFTH.

That contract number CD Y CDP.- 2000 003, in its third clause, established, verbatim,

the following: "In the event that 'THE DONEE' does not use the real estate whose ownership and

possession are donated to it, or dedicates it to a use different from that provided in the presidential decree (Annex No. 1), contrary to what is provided in the first clause of this contract, or when without prior authorization from the Ministry of Comptrollership and Administrative Development it ceases to use or needs it within a term of twelve months, the real estate, totally or partially, will revert physically and legally with all its improvements and accessions, to the patrimony of the Federal Government."

SIXTH.- That through letters number OE-287-2024 and SST/DJTyAIP/DCACyA/1272-2024, dated January 17, 2024, and March 13, 2024, respectively, the Constitutional Governor of the State of

Tamaulipas and the Secretary of Health and General Director of the D.P. Health Services of Tamaulipas,

inform that that Federative Entity has determined that the 133 real estate properties added in annex 1 of the

present declaratory are no longer necessary for it, since according to the reform to the General Health Law,

IMSS-BIENESTAR will plan, organize, and direct actions for the provision of free health services,

medications, and other associated supplies, in the Federative Entities that have celebrated a

Coordination Agreement.

SEVENTH.- That inasmuch as the Government of the State of Tamaulipas will not require using the real estate

subject to this declaratory for the purposes for which they were transferred in the contract described in

Consideration Second and in the Decree indicated in Consideration First, the cause for

reversion provided for in the third clause and article three of the referred instruments, respectively,

has been fulfilled, in concordance with the second paragraph of article 93 of the General Law of National Assets.

EIGHTH.- That taking into consideration the statements made by the Government of the State of

Tamaulipas, from which its express consent derives, it is appropriate to issue this declaratory

of reversion, without it being necessary to substantiate the administrative procedure referred to in articles 108 to

112 of the General Law of National Assets, relating to the recovery of the ownership and possession of the

real estate alienated gratuitously, being the full responsibility of the Government of the State of Tamaulipas

the lack of veracity and/or inconsistency of the information provided for the issuance of the present

Declaratory.

Based on article 9, fraction XIV of the Regulations of the Institute of Administration and Appraisal of

National Assets, the Legal Unit issued an opinion deeming the present declaratory of

reversion appropriate; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

D E C L A R A T O R Y

FIRST.- It is declared that of the real estate listed in annex 1 of this declaratory, that

were transferred through Donation and Cession of Possessory Rights Contract number

CD Y CDP.-

2000 003 dated November 13, 2000 in favor of the Government of the State of Tamaulipas, they revert to the

patrimony of the Federation, for the reasons set forth and founded in the considerations of this instrument, in

compliance with the Reform of the General Health Law, published in the Official Gazette of the Federation on May 29

of 2023, provided that they are not in the circumstances of the Second, Third, Fourth, and Fifth Declaratories of the present.

SECOND.- The real estate subject to the donation contract described in Consideration Second that are not listed in annex 1 of the present are excluded from this declaratory of reversion.

THIRD.- The real estate subject to the Donation and Cession of Possessory Rights Contract described in Consideration Second, that are in social property, are excluded from this declaratory.

FOURTH.- The real estate from which the Federal Government has ceded Possessory Rights and the Government of the State of Tamaulipas has obtained the title of ownership in its favor are excepted from this declaratory of reversion, regarding which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR).

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract number CD Y CDP.- 2000 003, they will be excluded from this declaratory.

SIXTH.- In the event that there are debts for taxes or contributions and

services, regarding the real estate that revert in this declaratory, the Government of the State of

Tamaulipas is obligated to cover them, releasing the Institute of Administration and

Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Social Security Institute for Wellbeing (IMSS-BIENESTAR) has full

knowledge of the physical, legal, and administrative situation of each of the real estate subject to the

present reversion, therefore it commits to materializing its conclusion, since it will begin to use them for

the provision of free health services, medications, and other associated supplies, in the Federative

Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Tamaulipas must integrate the files of the real estate that

are reverted in this act.

NINTH.- This declaratory constitutes the title of ownership of the Federation regarding the

real estate subject to the reversion in question.

TENTH.- Publish this declaratory in the Official Gazette of the Federation and register it in the

Federal Property Registry and in the Public Property Registry corresponding to the location of the

reverted assets.

This declaratory of reversion will take effect the day after its publication in the Official Gazette of the

Federation.

Mexico City, on the 14th day of the month of March 2024.- President of the Institute of Administration and

Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

ANNEX CORRESPONDING TO THE DECLARATORY D.R.- 010 /2024

By which it is determined that the real estate that was transferred to the Government of the State of Tamaulipas, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2000 003 dated November 13, 2000, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE WEBSITE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903690/Listado_inmuebles__133__Tamaulipas.pdf

AVAILABLE CONSULTATION ON THE WEBSITE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF)

www.dof.gob.mx/2024/SHCP/Declaratoria_ Tamaulipas .pdf

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