HBA-CMT C.S.H.B. 1912 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1912
By: Capelo
Urban Affairs
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, cities are becoming more aware of the need to provide citizens
who have mobility impairments with access improvements.  The federal
government has further directed the attention of cities to access
improvements through the enactment of the Americans with Disabilities Act.
One of the largest issues facing cities in Texas is the question of
accessibility of sidewalks and streets.  This involves not only adequate
sidewalks, but very specifically defined curb cuts at intersections.  A
number of cities across the state have been cited for failure to provide
adequate access.  C.S.H.B. 1912 authorizes the governing body of a
municipality to add a $1 fee per month to each bill from a
municipality-owned utility system which may only be used by the
municipality for construction and maintenance of street and sidewalk
accessibility improvements and accessible municipal park maintenance and
construction to achieve compliance with the Americans with Disabilities
Act.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1912 amends the Local Government Code to authorize a municipality
each year by ordinance to add a fee for a period not to exceed one year to
the utility bills issued by a municipality owned utility system containing
one or more utilities.  The fee may not exceed $1 each month, is to be paid
at an interval determined by the governing body of the municipality, and is
required to be described on the bill as a "city ADA fee."  The municipality
is required to deposit the collected fee in a special account that may be
used by the municipality only to construct and maintain accessible street
and sidewalk improvements to comply with the Americans with Disabilities
Act of 1990, and to construct and maintain accessible municipal parks and
municipal park improvements.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1912 modifies the original bill by restricting the fee from
lasting for a period in excess of one year, and authorizing the fee to be
added each year to the utility bill issued by certain municipality owned
utility systems.  The substitute requires the fee to be described on the
bill as a "city ADA fee."  The substitute adds that the fee is authorized
to be used for the construction and maintenance of accessible municipal
parks and municipal park improvements.