Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT › Section 2.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation Code §
										201.607
				  requires the Texas Department of Transportation (TxDOT) to adopt a memorandum
				  of understanding (MOU) with each state agency that has responsibilities for the
				  protection of the natural environment or for the preservation of historical or
				  archeological resources, and requires TxDOT and each of the agencies to adopt
				  the memoranda and all revisions by rule. This subchapter contains the MOU
				  between TxDOT and the Texas Parks and Wildlife Department (TPWD) that
				  implements that section.
(b) This
				  subchapter furthers TxDOT's environmental policy, as found in §
										2.2 of this
				  chapter (relating to Environmental Policy), to integrate environmental
				  considerations into department activities to achieve compliance with applicable
				  laws, regulations and standards. TxDOT will focus on delivering safe, efficient
				  transportation projects and making sound decisions based on a balanced
				  consideration of transportation needs and of social, economic, and
				  environmental impacts of proposed transportation improvements.
(c) According to Parks and Wildlife Code
				  §
										12.0011, TPWD
				  is the state agency with primary responsibility for protecting the state's fish
				  and wildlife resources; providing recommendations that will protect fish and
				  wildlife resources to local, state, and federal agencies that approve, permit,
				  license, or construct developmental projects; providing information on fish and
				  wildlife resources to any local, state, and federal agencies or private
				  organizations that make decisions affecting those resources.
(d) Except as specified in subsection (f) of
				  this section, this MOU supersedes the MOU adopted on September 1, 2013 and
				  associated programmatic agreements. Nothing in this subchapter supersedes,
				  modifies, or nullifies any other agreement entered into by TxDOT and
				  TPWD.
(e) TxDOT and TPWD shall
				  examine and revise this MOU not later than the fifth anniversary of its
				  effective date, as required by Transportation Code, §
										201.607.
				  Notwithstanding the above, this MOU remains in effect until revised or
				  terminated by written agreement of TxDOT and TPWD.
(f) The effective date of this MOU is the
				  date on which this Subchapter G takes effect. Projects for which coordination
				  with TPWD has been initiated prior to the effective date of this MOU will
				  complete coordination under the procedures of the September 2013 MOU. Projects
				  for which coordination with TPWD has not been initiated prior to the effective
				  date of this MOU will be governed by this MOU. A project that requires
				  reevaluation, and subsequently requires coordination as specified in §
										2.203 of
				  this subchapter (relating to Applicability), will be governed by this
				  MOU.
(g) The intent of the MOU is
				  to foster communication, collaboration, and cooperation between TPWD and TxDOT
				  on the review of transportation projects and protection of State natural
				  resources.