1991-09-09 Regular Meeting - Laserfiche WebLink

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• 2. a city maY not discriminate against a business holding an alcoholic beverage license or permit, and 3. a city may still regulate an establishment which derives 7S percent or more of its revenue from the on-premise sale of alcoholic beverages. Section 10957 had the effect of calling into question the validity. of a number of municipal ordinances. Since 1987, cities have made several attempts to correct the provisions of this act, which became effective on June 11, 1987. During the second special session, the legislature passed 2S.B. 3, a bill which adds corrective language to the Alcoholic Beverage Code. The bill amends Section 10957 to provide that nothing in that section or in Section 1.06 (which implies that only the Alcoholic Beverage Code governs the sale, distribution, and possession of alcoholic beverages) affects the validity of a municipal zoning regulation that was in place on June 11, 1987, or any amendment to such an ordinance if the amendment lessens -- and does not add to -- the restrictions placed on a license or permit holder. OTHER CITY-RELATED BILLS 2H.B. 39 (Gibson) -State Purchasing and General Services Commission: this is the sunset bill for the State Purchasing and General Services Commission. It amends Article 601b, Vernon's Texas Civil Statutes. The name of the commission is changed to the General Services Commission, and the bill requires the commission to seek sunset review again in 1993. The responsibility for enforcing architectural barrier provisions is transferred from the Commission to the Texas Department of Licensing and Regulation. Anew Article 9102, Vernon's Texas Civil Statutes, is created to provide that buildings subject to the Architectural Barriers Act are all buildings which are defined as "public accommodations" under the federal Americans With Disabilities Act. All buildings that are constructed, substantially renovated, modified, or altered after January 1, 1992, will be subject to the Architectural Barriers Act. The bill provides that all plans and specifications for buildings subject to the Act must be reviewed by the Texas Department of Licensing and Regulation. The architect or engineer in charge of a project must submit the plans or specifiranons to the department. If there is no architect or engineer, the building owner must submit the plans unless the project costs less than X50,000. The department has 30 days to approve or disapprove of the plans. If the department fails to act within 30 days, the plans are automatically approved. The Department of Licensing and Regulation is required to inspect any building subject to the Architectural Barriers Act within one year of the building's completion, renovation, modification, or alteration. The department may set fees to pay for the expense of conducting inspections and reviewing plans and specifications. Finally, the bill amends section 497.027 of the Government Code to provide that a state agency or political subdivision is not required to seek competitive bids when it purchases goods from the institutional division of the Texas Department of Criminal Justice. 2H.B. 62 (Counts) -Regulation of Insurance: provides for a gradual replacement of the Workers' Compensation Insurance Facility with abond-financed state fund to be called the Texas Workers' Compensation Insurance Fund. The state fund will be administered by a '2