By Capelo, Moreno of El Paso, Coleman                 H.B. No. 1912
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a municipality to impose and use
 1-3     utility fees for certain disabled access improvements.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 402.001, Local Government Code, is amended
 1-6     by adding Subsections (e) and (f) to read as follows:
 1-7           (e)  A municipality each year may by ordinance add a fee for
 1-8     a period not exceeding one year to the utility bill issued by a
 1-9     municipally owned utility system containing one or more utilities.
1-10     The fee:
1-11                 (1)  may not exceed $1 each month;
1-12                 (2)  shall be paid at an interval determined by the
1-13     governing body of the municipality; and
1-14                 (3)  shall be described on the bill as "city ADA fee."
1-15           (f)  The municipality shall deposit in a special account the
1-16     fees collected under Subsection (e).  Funds in the account may be
1-17     used only by the municipality to comply with the Americans with
1-18     Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), in
1-19     providing:
1-20                 (1)  construction and maintenance of accessible street
1-21     and sidewalk improvements, including curb cuts and auditory alarms
1-22     at crosswalks; and
1-23                 (2)  construction and maintenance of accessible
1-24     municipal parks and municipal park improvements.
 2-1           SECTION 2.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.