(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.43 Tex. Admin. Code § 2.201
The provisions of this §2.201 adopted to be effective September 1, 2013, 38 TexReg 3814; Adopted by Texas Register, Volume 46, Number 29, July 16, 2021, TexReg 4377, eff. 7/20/2021