HBA-RBT H.B. 3090 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3090
By: Woolley
Natural Resources
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, under Texas law, property acquired by certain municipalities for
airport purposes may be used for wetland mitigation. As proposed, H.B. 3090
prohibits the use of property acquired by certain municipalities for
airport purposes for wetland mitigation. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 22, Transportation Code, by adding
Section 22.027, as follows: 

Sec.  22.027.  PROHIBITION ON USE OF AIRPORT FOR WETLAND MITIGATION.
Prohibits a municipality with a population of 1.5 million or more that
acquires property for use as an airport from using the property to provide
a mitigation credit under Section 404, Federal Water Pollution Control Act
(33 U.S.C. Section 1344), and the guidelines developed by the Secretary of
the Army under that section in order to offset an adverse impact to
wetlands caused by the discharge of dredged or fill material into the
navigable waters at another disposal site.  Provides that this section
expires September 1, 2005. 

SECTION 2.  Makes application of this Act retroactive.

SECTION 3.  Emergency clause.
  Effective date: upon passage.