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


Office of House Bill AnalysisH.B. 1912
By: Capelo
Urban Affairs
4/6/2001
Introduced



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.  House Bill 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 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

House Bill 1912 amends the Local Government Code to authorize a
municipality by ordinance to add a fee to the utility bills issued by a
municipally owned utility system.  The fee may not exceed $1 each month,
and is to be paid at an interval determined by the governing body of the
municipality.  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 street and sidewalk improvements to comply with the Americans
with Disabilities Act of 1990.   

EFFECTIVE DATE

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