By Capelo, Moreno of El Paso, Coleman H.B. No. 1912
Substitute the following for H.B. No. 1912:
By Najera C.S.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 municipality owned utility system containing one or more utilities.
1-10 The fee:
1-11 (1) may not exceed $1 each month; and
1-12 (2) shall be paid at an interval determined by the
1-13 governing body of the municipality.
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.
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.