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78R4802 ATP-D

By:  Capelo                                                       H.B. No. 1098



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a municipality to impose and use 
utility fees for certain disabled access improvements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 402.001, Local Government Code, is 
amended by adding Subsections (e) and (f) to read as follows:
	(e)  A municipality each year may by ordinance add a fee, 
covering a period not to exceed one year, to the utility bill issued 
by a municipally owned utility system containing one or more 
utilities.  The fee:
		(1)  may not exceed $1 each month;                                     
		(2)  shall be paid at an interval determined by the 
governing body of the municipality; and
		(3)  shall be described on the bill as "city ADA fee."                 
	(f)  The municipality shall deposit in a special account the 
fees collected under Subsection (e).  Funds in the account may be 
used only by the municipality to comply with the Americans with 
Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), as 
amended, in providing:
		(1)  construction and maintenance of accessible street 
and sidewalk improvements, including curb cuts and auditory alarms 
at crosswalks; and
		(2)  construction and maintenance of accessible 
municipal parks and municipal park improvements.
	SECTION 2.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.