By Lindsay S.B. No. 1500
76R8060 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition on the use for wetland mitigation
1-3 purposes of property acquired by certain municipalities for airport
1-4 purposes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 22, Transportation Code, is
1-7 amended by adding Section 22.027 to read as follows:
1-8 Sec. 22.027. PROHIBITION ON USE OF AIRPORT FOR WETLAND
1-9 MITIGATION. (a) A municipality with a population of 1.5 million
1-10 or more that acquires property for use as an airport may not use
1-11 the property to provide a mitigation credit under Section 404,
1-12 Federal Water Pollution Control Act (33 U.S.C. Section 1344), and
1-13 the guidelines developed by the Secretary of the Army under that
1-14 section in order to offset an adverse impact to wetlands caused by
1-15 the discharge of dredged or fill material into the navigable waters
1-16 at another disposal site.
1-17 (b) This section expires September 1, 2005.
1-18 SECTION 2. Section 22.027, Transportation Code, as added by
1-19 this Act, applies to property acquired by a municipality before,
1-20 on, or after the effective date of this Act.
1-21 SECTION 3. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.