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.