1-1 By: Capelo, Moreno of El Paso, Coleman H.B. No. 1912 1-2 (Senate Sponsor - West) 1-3 (In the Senate - Received from the House May 9, 2001; 1-4 May 10, 2001, read first time and referred to Committee on 1-5 Intergovernmental Relations; May 11, 2001, reported favorably by 1-6 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to 1-7 printer.) 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the authority of a municipality to impose and use 1-11 utility fees for certain disabled access improvements. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 402.001, Local Government Code, is amended 1-14 by adding Subsections (e) and (f) to read as follows: 1-15 (e) A municipality each year may by ordinance add a fee for 1-16 a period not exceeding one year to the utility bill issued by a 1-17 municipally owned utility system containing one or more utilities. 1-18 The fee: 1-19 (1) may not exceed $1 each month; 1-20 (2) shall be paid at an interval determined by the 1-21 governing body of the municipality; and 1-22 (3) shall be described on the bill as "city ADA fee." 1-23 (f) The municipality shall deposit in a special account the 1-24 fees collected under Subsection (e). Funds in the account may be 1-25 used only by the municipality to comply with the Americans with 1-26 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), in 1-27 providing: 1-28 (1) construction and maintenance of accessible street 1-29 and sidewalk improvements, including curb cuts and auditory alarms 1-30 at crosswalks; and 1-31 (2) construction and maintenance of accessible 1-32 municipal parks and municipal park improvements. 1-33 SECTION 2. This Act takes effect immediately if it receives 1-34 a vote of two-thirds of all the members elected to each house, as 1-35 provided by Section 39, Article III, Texas Constitution. If this 1-36 Act does not receive the vote necessary for immediate effect, this 1-37 Act takes effect September 1, 2001. 1-38 * * * * *