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                                  * * * * *