Presenter: Lydia Saldaña

Commission Agenda Item No. 10
Action
Memorandum of Understanding
Texas Department of Transportation
Texas Economic Development Department
Texas Commission On the Arts
Texas Historical Commission
January 2001

I. DISCUSSION: Government Code, §481.028, requires the Texas Economic Development Department to develop a memorandum of understanding (MOU) with the Texas Department of Transportation, Texas Parks and Wildlife Department, Texas Commission on the Arts, and Texas Historical Commission to cooperate in marketing and promoting Texas as a travel destination and to provide services to travelers, and requires each agency to adopt the MOU by rule. The department has proposed to adopt the MOU by reference. The proposal appeared in the December 22, 2000, issue of the Texas Register (25 TexReg (12599). Staff will provide a summary of public comment at the time of the meeting.

II. RECOMMENDATION: Staff recommends the Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts new 31 TAC §51.170, concerning Memorandum of Understanding, with changes to the proposed text as published in the December 22, 2000, issue of the Texas Register (25 TexReg 12599)."

Attachments - 3
1. Exhibit A - Proposed Regulations
2. Exhibit B - MOU (Available upon request)
3. Fiscal Note (Available upon request)


Commission Agenda Item No. 10
Exhibit A

Memorandum of Understanding
Texas Department of Transportation
Texas Department of Economic Development
Texas Commission on the Arts
Texas Historical Commission
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §69.71 and new §69.71, concerning Memorandum of Understanding (MOU) with the Texas Department of Transportation, Texas Department of Economic Development, Texas Commission on the Arts, and Texas Historical Commission. The new section adopts by reference the provisions of 43 TAC §2.22, which contains the text of an MOU required by Transportation Code, §201.607. The new rule is necessary to implement the statutory duty of the Texas Department of Transportation and the Texas Parks and Wildlife Department to enter into cooperative agreements for the protection and preservation of the natural environment. The proposed rule will function by codifying procedures providing for Texas Parks and Wildlife Department (TPWD) review of TxDOT projects that have the potential to affect natural resources within the jurisdiction of TPWD.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed rule is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the proposed rule.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the proposed rule is in effect:

(A) The public benefit anticipated as a result of enforcing the repeal as proposed will be multi-agency cooperation in the protection and preservation of wildlife resources and habitat in this state.

(B) There will be no effect on small businesses. There are no economic costs to persons required to comply with the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Marian Edwards, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4994 or 1-800-792-1112.

5. Statutory Authority.

The proposed repeal and new section are proposed under Transportation Code, §201.607, which requires each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources to examine and revise their memorandum of understanding with the Texas Department of Transportation.

The repeal affects Transportation Code, §201.607.

§69.71. Review of Fish and Wildlife Impacts of Texas Department of Transportation Activities.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas on


Top of Page
Back to Top
Back to Top